1. Why did I get a notice package?
You may be a United States resident (person or entity) who is the original owner of a Subject Computer or who separately purchased an Adapter.
The Court ordered this notice to be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves it and after any appeals are resolved, an administrator will make the payments that the settlement allows.
This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as In re MagSafe Apple Power Adapter Litigation
, Case No. C09-01911-JW. The people who sued are called Plaintiffs, and the company they sued, Apple Inc., is called the Defendant.
2. What is this lawsuit about?
The lawsuit claimed that the 60W or 85W MagSafe MPM-1 ("T") Power Adapter is defective in that it "dangerously frays, sparks and prematurely fails to work," and that Apple engaged in misrepresentations regarding the Adapter. Apple denies all allegations and has asserted many defenses. The settlement is not an admission of wrongdoing.
3. Why is this a class action?
In a class action, one or more people, called Class Representatives (in this case Naotaka Kitagawa, Timothy J. Broad, Jesse Reisman, Tracey Hackwith, and Michael Martin), sue on behalf of people who have alleged similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who choose to exclude themselves from the Class. United States District Court Judge James Ware is in charge of this class action.
4. Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representatives and the attorneys think the settlement is best for the Class Members.
5. How do I know if I am part of the settlement?
Judge Ware has decided that everyone who fits this description is a Class Member: All United States residents who (1) are the original owners of an Apple MacBook or MacBook Pro computer that shipped with a 60W or 85W MagSafe MPM-1 ("T") Power Adapter ("Subject Computers") and/or (2) purchased a standalone 60W or 85W MagSafe MPM-1 ("T") Power Adapter. The Settlement Class includes original owners who received their Subject Computer(s) as a gift.
6. Are there exceptions to being included?
The Class does not
include Apple; any entity in which Apple has a controlling interest; Apple’s directors, officers, and employees; Apple’s legal representatives, successors, and assigns; and all persons who validly request exclusion from the Settlement Class.
7. If I purchased a Subject Computer or Adapter but did not pay for a Replacement Adapter as described, am I included in the Class?
Yes, because if your Adapter shows signs of Strain Relief Damage now or in the future, you may be eligible for a free replacement from Apple.
8. What are Subject Computers?
Subject Computer means an Apple MacBook or MacBook Pro computer that shipped with a 60W or 85W MagSafe MPM-1 ("T") Power Adapter. To view the list of eligible Apple MacBook and MacBook Pro computers, click here
9. What does the settlement provide?
Apple has agreed to provide a cash payment to Class Members who purchased a Replacement Adapter for a Subject Computer or Adapter covered by the settlement and who send in a valid claim form. The cash payment covers the purchase of a Replacement Adapter within the first three years following the initial purchase of the Subject Computer or Adapter, and before November 22, 2011
. The amount of the cash payment will vary depending on when the Replacement Adapter was purchased.
You may also be able to obtain a replacement adapter at no charge from Apple if your adapter shows signs of Strain Relief Damage now or in the future.
10. What cash payment amount can I get under the settlement?
The settlement provides for different cash payments depending on when you purchased a Replacement Adapter.
There is a limit of three refunds per Subject Computer.
11. What can I get if my Adapter shows signs of Strain Relief Damage in the future?
|Year of Purchase of Replacement Adapter
||Cash Payment Amount
||Must Show the Following to Receive Cash Payment
|During the first year following the initial purchase of the Subject Computer or Adapter
||Amount paid for the Replacement Adapter (excluding sales tax and shipping/handling fees) not to exceed $79.00.
- Proof of purchase of Replacement Adapter; and
- Valid claim form.
|During the second year following the initial purchase of the Subject Computer or Adapter
- Proof of purchase of Replacement Adapter; and
- Valid claim form.
|During the third year following the initial purchase of the Subject Computer or Adapter
- Proof of purchase of Replacement Adapter; and
- Valid claim form.
If your Adapter shows signs of Strain Relief Damage now or in the future, you may claim a replacement under Apple’s Adapter Replacement Program by taking your Adapter and computer to an Apple Retail Store or Apple Authorized Service Provider or contacting AppleCare.
Strain Relief Damage means fraying, melting, straining, sparking, weakening, discoloration, bubbling, overheating and/or separation of the Adapter’s strain reliefs. For more information regarding Strain Relief Damage or Apple’s Adapter Replacement Program, click here.
For Adapters shipped with a Subject Computer, you will have three years from the date of purchase of the Subject Computer or May 21, 2012, whichever is later, to claim a replacement adapter. For Adapters purchased separately, you will have three years from the date of purchase of the Adapter or May 21, 2012, whichever is later, to claim a replacement. If you do not claim a replacement adapter within these time periods, you will lose your right to obtain a replacement. Apple will continue the Adapter Replacement Program until July 31, 2013; Apple will have no obligation to honor adapter replacement claims made after July 31, 2013.
12. How can I get a cash payment?
The deadline to file for a cash payment was March 21, 2012.
13. When would I get my cash payment?
The settlement is not yet final and Settlement Awards cannot be distributed because an appeal has been filed challenging the Court's order approving the settlement. We do not know how long it will take for the Court of Appeals to rule. Please be patient. Additional information will be posted when it is available.
14. What am I giving up to get a cash payment or stay in the Class?
Unless you choose to exclude yourself, you will remain in the Class. That means that you are eligible for a cash payment but can’t sue, continue to sue, or be part of any other lawsuit against Apple about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the claim form, you will agree to a "Release of Claims," included with the claim form, which describes exactly the legal claims that you are giving up.
15. How do I get out of the settlement?
To exclude yourself from the settlement, you must fill out and mail the section of the Claim Form saying that you want to be excluded from In re MagSafe Apple Power Adapter Litigation
, Case No. C09-01911-JW. Be sure to include your name, address, telephone number, the serial number of your Subject Computer, and your signature. You must mail your exclusion request postmarked no later than January 6, 2012
MagSafe Power Adapter Claims Administrator
c/o Kurtzman Carson Consultants LLC
P.O. Box 43043
Providence RI 02940-3043
You can’t exclude yourself on the phone or by fax or e-mail. If you ask to be excluded, you will not receive any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Apple in the future about the legal issues in this case.
16. If I don’t exclude myself, can I sue Apple for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Apple for the claims that this settlement resolves. You must exclude yourself from this Class to pursue your own lawsuit. Remember, your exclusion must be postmarked on or before January 6, 2012
17. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, do not send in a claim form to ask for any money. But, you will not lose any right you may have to sue, continue to sue, or be part of a different lawsuit against Apple about the legal issues in this case.
18. Do I have a lawyer in this case?
The Class is represented in this case by Helen I. Zeldes of Zeldes & Haeggquist, LLP in San Diego, California and Steven A. Skalet of Mehri & Skalet, PLLC in Washington, DC. Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. You may contact Helen I. Zeldes at 691-342-8000 or Steven A. Skalet at 202-822-5100
19. How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees and expenses of up to $3.1 million, and service awards to Plaintiffs in the amount of $5,000 each (total not to exceed $30,000). Apple will separately pay the fees, service awards, and expenses that the Court awards. These amounts will not come out of any funds for payments to Class Members. Apple has agreed not to oppose these fees, service awards, and expenses. Apple will also separately pay the costs to administer the settlement.
20. How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in In re MagSafe Apple Power Adapter Litigation
, Case No. C09-01911-JW. Be sure to include your name, address, telephone number, the serial number of your Subject Computer, your signature, and the reasons you object to the settlement. If you have objected to other class action settlements on more than 3 occasions, you must list all cases in which you have filed an objection. The objection and any supporting papers must be mailed to and actually received by all of the following three addressees no later than January 6, 2011
21. What’s the difference between objecting and excluding?
|Clerk of the Court
United States District Court
for the Northern District of California
San Francisco Division
450 Golden Gate Avenue
San Francisco, CA 94102
|Helen I. Zeldes
Zeldes & Haeggquist, LLP
625 Broadway, Suite 906
San Diego, CA 92101
|Penelope A. Preovolos
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object, because the case no longer affects you.
22. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing at 9:00 a.m. on February 27, 2012
, at the United States District Court for the Northern District of California, San Francisco Division, Courtroom 9 (19th Floor) located at 450 Golden Gate Avenue, San Francisco, California, 94102. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Ware will listen to people who have asked to speak at the hearing. The Court may also consider how much to award Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
23. Do I have to come to the hearing?
No. Class Counsel will answer questions Judge Ware may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was received on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. Finally, you may seek to intervene in the action, but you need not do so.
24. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear and speak at the Fairness Hearing in "In re MagSafe Apple Power Adapter Litigation, Case No. C09-01911-JW." Be sure to include the case name and number, your name, address, telephone number, and your signature. Your letter of intent to appear and speak must be received by the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question 20, no later than January 6, 2012
. You cannot speak at the hearing if you excluded yourself.
25. What happens if I do nothing at all?
If you do nothing, you will be part of the settlement class. You will not receive a cash payment from the settlement unless you file a valid and timely Claim Form. You won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple about the legal issues in this case.
26. Are there more details about the settlement?
This notice summarizes the proposed settlement. More details are in a Settlement Agreement. Copies of the Settlement Agreement and the pleadings and other documents relating to the case are on file at the United States District Court for the Northern District of California, San Francisco Division, and may be examined and copied at any time during regular office hours at the Office of the Clerk, 450 Golden Gate Avenue, San Francisco, California. 94102.
27. How can I find my Serial Number?
For help finding your MacBook Pro serial number, you should visit Apple’s Technical Support website. You can click here to be directed to the website, or you can view a PDF of the webpage by clicking here
For help finding your MacBook serial number, you should visit Apple’s Technical Support website. You can click here to be directed to the website, or you can view a PDF of the webpage by clicking here
28. How can I get a duplicate receipt for my purchase of an Apple MagSafe Adapter?
If you purchased a replacement MagSafe adapter from Apple and are unable to locate your receipt, you can request a copy of the receipt by clicking here and completing the required information. Your duplicate receipt will be sent to you within 10 business days.