31 Mar Apple MacBook Butterfly Keyboard – Quebec Class Action Settlement
Date of Initial Application: March 31, 2021
MACBOOK BUTTERFLY KEYBOARD CLASS ACTION SETTLEMENT QUEBEC CLASS ACTION SETTLEMENT
NOTICE OF HEARING FOR SETTLEMENT APPROVAL AND OPT-OUT
SIMARD V. APPLE CANADA INC. ET AL. CLASS ACTION
(Court File N°: 500-06-001140-215)
If you live in Quebec and purchased, own, or owned a MacBook laptop sold between 2015 and 2019 equipped with a “Butterfly” keyboard (“Computer”*),
If you live elsewhere but purchased such a Computer in Quebec,
this class action settlement notice affects your rights.
SUMMARY OF THE PROPOSED CLASS ACTION
Representative Plaintiff alleges that the “butterfly” keyboard mechanism in certain MacBook laptops is defective and is seeking authorization of a class action against Apple Canada Inc. and Apple Inc. (collectively “Apple”), on behalf of persons in Quebec who purchased, own or owned a MacBook laptop sold between 2015 and 2019 equipped with a “butterfly” keyboard. *See full list of class Computers at the end of this notice. Apple denies all of the allegations made in the Class Action, denies that any MacBooks are defective, and denies that Apple did anything improper or unlawful.
The proposed settlement, if approved by the Superior Court of Québec, requires Apple to compensate affected Class Members. The settlement is not an admission of liability, wrongdoing or fault.
If the proposed settlement is approved, the following Class Members can receive compensation:
• Group 1 Class Members who received at least two Topcase Replacements (i.e., the replacement of the full keyboard module) will be paid $545 CAD per Computer.
• Group 2 Class Members who received a single Topcase Replacement that did not resolve their keyboard issues can submit a Claim Form to receive $173 CAD per Computer.
• Group 3 Class Members who received one of more Keycap Replacements (i.e., the replacement of one or more keycaps on a keyboard and does not involve replacement of the full keyboard module)that did not resolve their keyboard issues can submit a Claim Form to receive $69 CAD per Computer.
For full details and conditions, please consult the Long Form Notice, available on this page.
SETTLEMENT APPROVAL HEARING
A hearing before the Superior Court of Québec will be held on October 31, 2023 at 9:30 a.m., at the Montréal courthouse located at 1 Notre-Dame East Street, Montréal, Québec, in room 15.09, or via a TEAMS link. This date may be subject to adjournment by the Court without further publication of notice to the Class Members, other than such notice which will be posted on Class Counsel’s website www.lexgroup.ca or on the Claim’s Administrator’s website: laptopkeyboardclassaction.com.
HOW TO EXCLUDE YOURSELF?
If you wish to remain a Class Member, you have nothing to do and nothing to pay.
If you wish to opt out, you have until October 23, 2023 to advise in writing the registry of the Superior Court of Québec, District of Montréal, at 1 Notre Dame Street East, Room 1.120, Montreal, Québec, H2Y 1B6, that you wish to opt out. Please make sure to mention file no. 500-06-001140-215 in your correspondence.
HOW TO OBJECT?
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 on this page.
Class Members who do not oppose the proposed Settlement Agreement have nothing to pay and 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, visit the Settlement Website at laptopkeyboardclassaction.com or contact the Claims Administrator:
RicePoint Administration Inc.
P.O. Box 3355
London, Ontario, N6A 4K3 1-866-573-1796 laptopkeyboardclassaction.com
*Computer means any of the following Apple computer models:
• MacBook (Retina, 12-inch, Early 2015)
• MacBook (Retina, 12-inch, Early 2016)
• MacBook (Retina, 12-inch, 2017)
• MacBook Air (Retina, 13-inch, 2018)
• MacBook Air (Retina, 13-inch, 2019)
• MacBook Pro (13-inch, 2016, Two Thunderbolt 3 Ports)
• MacBook Pro (13-inch, 2017, Two Thunderbolt 3 Ports)
• MacBook Pro (13-inch, 2019, Two Thunderbolt 3 Ports)
• MacBook Pro (13-inch, 2016, Four Thunderbolt 3 Ports)
• MacBook Pro (13-inch, 2017, Four Thunderbolt 3 Ports)
• MacBook Pro (15-inch, 2016)
• MacBook Pro (15-inch, 2017)
• MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports)
• MacBook Pro (15-inch, 2018)
• MacBook Pro (13-inch, 2019, Four Thunderbolt 3 Ports)
• MacBook Pro (15-inch, 2019)
LEX GROUP Inc. has launched a national class action against Apple Canada Inc. and Apple, Inc. (collectively “Apple”), on behalf of all persons in Canada who purchase or own a MacBook Laptop equipped with the Butterfly Keyboard (hereinafter the “MacBook Laptops”) including but not limited to following models:
- Early 2015 MacBook
- Early 2016 MacBook
- 2016 MacBook Pros
- 2017 MacBook and MacBook Pros
- 2018 MacBook Pros and MacBook Air
- 2019 MacBook Pros and MacBook Air
The class action alleges that the MacBook Laptops were affected by a design/manufacturing defect which permits minute amounts of dust and debris to accumulate under or around the keys, and ultimately causing the keys to stick, the keyboard to fail to register properly and/or the keyboard to register three or more times the keystrokes required by the user.
It is further alleged that Apple failed to properly repair and/or replace the defective keyboard and/or to reimburse owners for out-of-pocket repair costs incurred in an attempt to solve said issue, including the cost to replace the MacBook Laptop’s keyboard or the entire computer.
Accordingly, if you reside in Canada and have purchase and/or own or owned one of the above-listed MacBook Laptops, you may be part of the proposed Canadian Class defined by the class action initiated by our office. Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize the class action and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).
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 several relevant documents from the Court record, including the initial application for authorization to institute a 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.