03 Dec Apple 2011 MacBook Pro – Quebec Class Action
Date of Initial Application: December 3, 2014
2011 MACBOOK PRO LAPTOP (15″ OR 17″ SCREEN) MANUFACTURED BY APPLE QUEBEC CLASS ACTION SETTLEMENT
NOTICE OF COURT ORDER APPROVING THE SETTLEMENT
CHARBONNEAU V. APPLE CANADA INC. ET AL. CLASS ACTION (Court File N°: 500-06-000722-146)
This Notice concerns you:
If you live in Quebec and purchased, own, or owned a 15″ or 17″ 2011 MacBook Pro Laptop (“Device(s)”),
If you live elsewhere but purchased such a Device in Quebec.
PLEASE READ THIS NOTICE CAREFULLY. THIS CLASS ACTION SETTLEMENT HAS BEEN APPROVED BY THE COURT.
WHAT IS THE ACTION ABOUT?
In December 2014, a class action was commenced in Quebec against Apple Canada Inc. and Apple Inc. (collectively, “Apple”) alleging that the 15″ and 17″ 2011 MacBook Pro Laptops manufactured by Apple (the “Device(s)”) suffer from a graphics issue (the “Class Action”).
On October 5, 2018, the Honourable Justice Peacock of the Superior Court of Quebec issued a revised rectified judgment authorizing the Class Action and ascribing the status of representative to Mr. René Charbonneau on behalf of the following Class:
1. all persons in Quebec, who purchased and/or own a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen; and
2. all persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen;
(“Class” or “Class Members”).
This Class Action has now been settled, as will be described below.
The parties have negotiated a settlement of the Class Action (the “Settlement Agreement”), which has been approved by the Superior Court of Quebec on May 11, 2021 as fair, reasonable and in the best interests of the Class.
The Defendants deny any liability and deny the truth of the allegations made against them. The settlement (as described below) is a compromise of disputed claims in order to achieve an early full and final resolution of the Class Action, without any admission or findings of liability or wrongdoing against Defendants.
THE SETTLEMENT TERMS
This Notice provides a summary of the settlement terms. Further details of the settlement, including a copy of the Settlement Agreement and other relevant Judgments, notices or proceedings may be found on the Settlement Website at www.laptopgraphicsclassaction.com.
The Settlement Agreement provides that Defendants agree to pay $5,344,575.00 in settlement of the Class Action, as described below (the “Total Settlement Fund”). The Total Settlement Fund is inclusive of any and all Class Member claims, interest, all costs, including but not limited to settlement administration costs, class notice publication costs, distribution costs, third-party costs, out-of-pocket costs, and taxes, though it does not include Class Counsel Fees payable to the attorneys representing Class Members, which will be paid separately by Apple and do not affect the amount payable to Class Members.
In return for the Total Settlement Fund, Defendants will receive a release from all Class Members and a declaration of settlement out of court of the Class Action.
HOW TO RECEIVE YOUR SHARE OF THE SETTLEMENT FUNDS
The Direct Group is comprised of individuals associated with 15,936 Devices, which Apple has identified from its records as either having received service from Apple for a graphics issue (the Service Group), or about which Apple was contacted for an alleged graphics issue but for which no service was obtained (the Complaint Group). If you are a member of the Direct Group based on Apple’s records, you will receive a Short Form Notice by email confirming this. If this is the case, you will receive up to $175.00 per Device. This amount will be sent directly to you by cheque at the last known address that Apple has on record for you. (If Apple has your email address but no postal address, you will receive a different Short Form Notice explaining how you will receive your payment.)
Note that your cheque will remain valid for 7 months from issuance, following which it will be considered stale-dated and will be cancelled by the Claims Administrator (and cannot be replaced thereafter).
No further action will be required on your part to receive the payment unless (i) you wish to modify the mailing address for the cheque or (ii) you wish to receive the funds electronically.
You may go onto the Direct Group online portal of the Claims Administrator’s Settlement Website at www.laptopgraphicsclassaction.com before October 01, 2021 in order to confirm your mailing address, modify your mailing address, or switch to electronic payment, using the individualised ID number and/or login credentials to access the Settlement Website enclosed with the Short Form Notice you receive.
Within approximately 30 days following October 01, 2021, the Claims Administrator will distribute up to $175.00 to you. If there is more than one individual (Direct Group member) associated with a single Device, then the $175.00 payment will be divided evenly among them.
You may also have a right to file a claim under the Reimbursement Group if you paid for repairs to your Device but did not receive a reimbursement from Apple, subject to the acceptance of your claim (“Reimbursement Claim”) by the Claims Administrator.
In order to make a valid Reimbursement Claim, you must submit a valid and timely Reimbursement Claim Form to the Claims Administrator via the Settlement Website’s online claim portal at www.laptopgraphicsclassaction.com. In the Reimbursement Claim Form, you will have to include your full name and email address and attest that:
o The graphics issue affected your Device before January 1, 2017;
o You paid for a repair (including without limitation, changing or repairing the logic board or graphics chip of the Device, resoldering the chips or other Device components, bypassing a graphics chip);
o The repair was due to a graphics issue affecting your Device; and
o You were not reimbursed for the repair.
You must attest to the above by checking the relevant box in the Reimbursement Claim Form. Failure to do so will render the Reimbursement Claim deficient.
A receipt for the repair, in the form of an original receipt, an email receipt, or a photocopy of a receipt or other sufficient proof to be accepted by the Claims Administrator (at its discretion) (“Receipt for Repair”) must be provided to the Claims Administrator together with the Reimbursement Claim Form. The Receipt for Repair must be dated on or before December 31, 2017.
The Reimbursement Claim Form must be submitted to the Claims Administrator online or postmarked on or before October 01, 2021 for the Claim to be valid.
Within approximately 30 days following October 01, 2021, and if your claim is accepted by the Claims Administrator, you will receive up to the full reimbursement of the amount indicated on the submitted Receipt for Repair of the graphics issue. You will receive this amount either electronically or by mail, as specified in the Reimbursement Claim Form.
In the event that the total amount of approved claims for the Reimbursement Group surpasses $750,000.00, the Reimbursement Group members will be paid on a pro rata basis, following the same distribution procedure described above.
You may have a right to file a claim under the Remaining Group if you experienced a graphics issue with your Device prior to January 1, 2017, subject to the acceptance of your claim (“Remaining Claim”) by the Claims Administrator. To be in the Remaining Group, you must not already be in the Direct Group described above.
In order to make a valid Remaining Claim, you must submit a valid and timely Remaining Claim Form to the Claims Administrator via the Settlement Website’s online claim portal at www.laptopgraphicsclassaction.com. In the Remaining Claim Form, you will have to include your full name and email address and attest to the following:
o You owned a Device;
o You experienced a graphics issue with your Device prior to January 1, 2017;
o You are not part of the Direct Group (the Service Group nor the Complaint Group).
You must attest to the above by checking the relevant box in the Remaining Claim Form. Failure to do so will render the Remaining Claim deficient.
In the Remaining Claim Form, sufficient proof (which may include your current or past contact information) must be provided to the Claims Administrator in order to confirm or establish that you purchased or owned a Device. This information or proof will be verified by the Claims Administrator.
The Remaining Claim Form must be submitted to the Claims Administrator online or postmarked on or before October 01, 2021 for the Claim to be deemed valid.
Within approximately 30 days following October 01, 2021, if your claim is accepted by the Claims Administrator, you will receive a payment of up to $175.00. You will receive this amount either electronically or by mail, as specified in the Remaining Claim Form.
In the event that more than one claim is made for a single Device in the Remaining Group, the $175.00 payment will be divided evenly among all claimants associated with that Device, following the same distribution procedure described above.
NOTE: Class Members cannot be members of both the Direct Group and the Remaining Group for a single Device. However, any Class Member of one of these groups can also be a member of the Reimbursement Group.
If there is a conflict between the provisions of this Notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail.
QUESTIONS ABOUT THE SETTLEMENT SHOULD BE DIRECTED TO THE CLAIMS ADMINISTRATOR RICEPOINT ADMINISTRATION INC. AS BELOW:
Laptop Graphics Class Action Administrator
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
NOTE: any cheque issued under the settlement will remain valid for 7 months from issuance, following which it will be considered stale-dated and will be permanently cancelled by the Claims Administrator (and cannot be replaced thereafter).
THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUEBEC.
2011 MACBOOK PRO LAPTOP (15” OR 17” SCREEN)
QUEBEC CLASS ACTION SETTLEMENT
SHORT FORM NOTICE OF HEARING FOR SETTLEMENT APPROVAL
CHARBONNEAU V. APPLE CANADA INC. ET AL. CLASS ACTION
(Court file N°: 500-06-000722-146)
If you live in Quebec and purchased, own, or owned a 15” or 17” 2011 MacBook Pro Laptop (“Device(s)),
If you live elsewhere but purchased such a Device in Quebec,
this class action settlement notice affects your rights.
The proposed settlement, if approved by the Superior Court of Québec, requires Apple Canada Inc. and Apple Inc. (collectively “Apple”) to compensate affected clients (the “Class Members”). The settlement is not an admission of liability, wrongdoing or fault.
If the proposed settlement is approved, Class Members will receive or may claim up to $175 per Device (if there are more than one individual associated with the same Device, the compensation amount will be split evenly among them).
In addition, Class Members who paid for repairs relating to a graphics issue affecting their Device before January 1, 2017 may claim for a full reimbursement of the cost of such repairs, subject to certain conditions.
For full details and conditions, please consult the Long Form Notice, available on this page and at: www.laptopgraphicsclassaction.com
SETTLEMENT APPROVAL HEARING
A hearing before the Superior Court of Québec will be held on April 28, 2021 at 09:30 a.m., in room 17.09 of the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec. The Microsoft Teams link required in order to access the hearing is [email protected]; Meeting ID: 1185631255 or (tel) 581.319.2194 or 833.450.1741 (toll free); Meeting ID: 991 211 186#.
If you wish, you have the right to comment on or object to the settlement (certain Court-ordered requirements and deadlines apply and are detailed in the Long Form Notice, available here: www.laptopgraphicsclassaction.com.
Class Members who do not oppose the proposed Settlement Agreement do not need to appear at any hearing or take any other action to indicate their desire to support the proposed Settlement Agreement.
If the settlement is approved, another notice to Class Members will be sent explaining the method of distributing settlement funds.
For more information about the proposed settlement or to read the Long Form Notice, the Settlement Agreement and/or the other relevant Judgments or proceedings (documents which are also available on this page), visit the Settlement Website at www.laptopgraphicsclassaction.com or contact the Claims Administrator:
Laptop Graphics Class Action Administrator
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS
HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUEBEC.
TAKE NOTICE that, by Revised Rectified Authorization Judgment rendered on October 4, 2018, the Honourable Mr. Justice Peacock of the Superior Court of Québec authorized the bringing of a class action against Apple Canada Inc. and Apple Inc. (hereinafter collectively “Apple”) and ascribed the status of representative to Mr. René Charbonneau to act on behalf of the following Class Members:
- All persons in Quebec, who purchased and/or own a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen;
- All persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen;
Further notice has been ordered by the Court, which will eventually be posted on this page. The prior notices published are still available on this page.
TAKE NOTICE that, by Judgment rendered on November 24, 2016 and rectified on December 22, 2016, the Honourable Mr. Justice Peacock of the Superior Court of Québec authorized the bringing of a class action against Apple Canada Inc. and Apple Inc. (hereinafter collectively “Apple”) and ascribed the status of representative to Mr. René Charbonneau to act on behalf of the following Class Members:
- All persons in Quebec, who purchased and/or own a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen which has suffered or suffers from a Graphic Defect, or any other Group(s) or Sub Group(s) to be determined by the Court; and
- All persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen which has suffered or suffers from a Graphic Defect, … manufactured, distributed, sold or otherwise put onto the marketplace by the Respondents or any other Group(s) or Sub-Group(s) to be determined by the Court;
A “Graphics Defect” is a graphical anomaly or defect which could be but does not have to be: severe screen distortion, pixilation, graphical artifact or ghosting.
This class action will be brought in the district of Montreal.
If you wish to exclude yourself from the class action, you have to notify the clerk of the Superior Court of the district of Montreal no later than December 29, 2017, by registered or certified mail to the following address (with a copy to [email protected]):
Superior Court of Québec, 1 Notre-Dame street East, Montreal, Québec, Canada, H2Y 1B6
You must state that you wish to exclude yourself from the class action Charbonneau v. Apple Canada Inc. et al. (case number 500-06-000722-146).
The date after which a Class Member can no longer request his exclusion from the class, unless specifically authorized by the Court, is December 29, 2017. A Class Member who has not requested his exclusion is bound by any judgment that may be rendered in the class action to be instituted in the manner provided for by law.
If you wish to be included in the class action, you have nothing to do.
For further information about this class action, consult the information and documents posted on this page or contact our firm.
On November 24, 2016, the Superior Court of Quebec authorized the class action on behalf of all person in Quebec who purchased and/or own a 15 or 17 inch 2011 MacBook Pro Laptop (equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU)) (hereinafter the “2011 MacBook Pro”) AND on behalf of all persons in Quebec who purchased such a 2011 Macbook Pro.
Please review the authorization judgment (available on this website) for the full details.
LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (collectively “Apple”), concerning Apple’s 15 and 17 inch 2011 MacBook Pro Laptops equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU) (hereinafter the “MacBook Pro”).
The class action alleges that the MacBook Pro was affected by a design/manufacturing defect and suffered from graphical issues, including severe screen distortion, pixilation, graphical artifacts, and ghosting, that often precipitated the system shutting down or failing completely. It is further alleged that Apple failed to reimburse owners for out of pocket repair costs incurred in an attempt to solve said graphical issues, including the cost to replace the MacBook Pro’s logic board (main circuit board).
Accordingly, if you own or owned an Apple 15 inch or 17 inch 2011 MacBook Pro Laptop, you MAY be part of the proposed Canadian Class defined by the class action initiated by our office. Should you be a member of the class defined in this Canadian Class Action, you may be entitled to compensation should the Court authorize the class action or should a settlement be reached (and approved by the Court).
Please visit this website periodically, in order to be kept informed and determine if the proposed Canadian class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court).
Please fill out the form below in order to be kept informed of the progress of this case.
If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below. Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys). You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court. Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm. We will not inform you or other members of the public if and when the group definition is changed. It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings. You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court. By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests. If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website. The Court will determine the manner and extent of any future notifications to class members.
Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion). Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.
Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience. However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail. We have for your convenience posted on this webpage certain scanned copies of the relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail. You should therefore consult these documents as well as consult this website periodically in order to be kept informed.