Frequently Asked Questions
- Why was this Notice issued?
- What is a class action?
- What is the Lawsuit about?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- I'm still not sure if I am included in the Class?
- What does the Settlement provide?
- How much will my Class Payment be?
- How do I get a Class Payment?
- When would I get my Class Payment?
- What rights am I giving up to get a Class Payment and stay in the Class?
- What are the Released Claims?
- How do I request to opt out of the Settlement?
- If I opt out, can I still get a Class Payment from this Settlement?
- If I do not opt out, can I sue Apple for the same claims later?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- May I get my own lawyer?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and opting out?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- What happens if I do nothing at all?
- Are more details available?
- How do I submit my claim?
- Why was this Notice issued?
A federal Court authorized this Notice because you have a right to know about the proposed Settlement of the Lawsuit and all of your options before the Court decides whether to approve the proposed Settlement. This Notice explains the Lawsuit, the Settlement, your legal rights, what benefits are available, and who can get them.
Judge Edward Davila of the United States District Court for the Northern District of California is currently overseeing this case and will decide whether to approve the Settlement. The case is entitled Barrett v. Apple Inc., No. 5:20-cv-04812-EJD (N.D. Cal.). The people who sued (in this case, Nancy Martin, Michel Polston, Michael Rodriguez, Maria Rodriguez, and Andrew Hagene) are called the Plaintiffs. The companies they are suing are Apple Inc. and Apple Value Services, LLC, which are called the Defendants.
Top - What is a class action?
In a class action, one or more people called “Class Representatives” (in this case, Michael Rodriguez, Maria Rodriguez, and Andrew Hagene) are appointed to represent people who have similar claims. All of the people with similar claims are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who opt out of the Class.
Top - What is the Lawsuit about?
Plaintiffs brought claims under California laws based on allegations that Apple did not provide consumers with refunds in connection with a certain type of gift card scam conducted by third-party fraudsters, and allegedly sought to unlawfully limit its liability with regards to this type of gift card scam.
Apple, which is not the party that perpetrated the gift card scams, maintains that it did nothing wrong and asserts numerous defenses to the claims in this case. The proposed Settlement to resolve this Lawsuit is not an admission of guilt or any wrongdoing of any kind by Apple, and it is not an admission by Apple of the truth of any of the allegations in the Lawsuit.
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- Why is there a Settlement?
The Court has not decided in favor of the Class or Defendants. Instead, the Class Representatives and Defendants agreed to a Settlement. This way, they avoid the cost, burden, and uncertainty of a trial and people who lost money in the type of gift card scam at issue can get benefits. The Class Representatives and their attorneys think the proposed Settlement is best for all Class Members.
Top - How do I know if I am part of the Settlement?
Plaintiffs and Defendants have decided that everyone who fits the following description is a Class Member, and is thus included in the Settlement:
“Settlement Class” shall mean all persons who purchased an App Store & iTunes Gift Card (an “Eligible Gift Card”) in the United States and its territories between January 1, 2015 and July 31, 2020, provided the redemption code of such Eligible Gift Card to a third party unknown to them who sought the code under false pretenses, and did not receive a full refund or other form of compensation for their complete losses from Apple or any third party. Excluded from the Class are Defendants, their parents, subsidiaries, affiliates, officers, directors, and employees; any entity in which Defendants have a controlling interest; all employees of any law firm involved in prosecuting or defending this litigation, as well as their immediate family members; and all judges assigned to hear any aspect of this litigation, as well as their staff and immediate family members. Also excluded from the Class are Settlement Class Members who timely and validly request exclusion.
Top - I'm still not sure if I am included in the Class?
If you are still not sure whether you are included in the Class, you can call toll-free 1-877-519-3812, or write to the Barrett v. Apple Settlement Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172, for more information.
Top - What does the Settlement provide?
The Parties to the Lawsuit have agreed to a $35 million Settlement. Apple will provide to the Settlement Administrator information for all Class Members for whom it has records. The Settlement Administrator will contact all such Class Members via email or U.S. mail, and will additionally publish notice of this Settlement in print publications and in a digital media campaign. The Settlement Administrator will evaluate all claims by potential Class Members to determine their validity and eligibility and will determine the Class Payment that will be made available to Class Members in accordance with the description provided in the response to Question 8 below.
Top - How much will my Class Payment be?
You may receive the full amount you paid for the gift cards. Class Members shall be compensated in an amount equal to the face value at the time of purchase of the App Store & iTunes Gift Card(s) which are the subject of the Class Member’s claim, less any amounts the Class Member has already been refunded, cashed out, or received in compensation from any source in connection with their purchase of such App Store & iTunes Gift Card(s). If, after all notice and administration expenses, any attorneys’ fees and costs, and any Service Awards are paid, the total value of payments to eligible Class Members would exceed the remaining Settlement Amount, the payments of all eligible Class Members shall be reduced pro rata.
Top - How do I get a Class Payment?
To receive a Class Payment, you must submit all of the following items through the website, under the File Claim tab.
- Your name, address, telephone number, and email address.
- Any necessary information to complete payment via your payment method of choice (e.g., check or ACH transfer).
- An attestation by you that: (1) you purchased the App Store & iTunes Gift Card(s) that are the subject of your claim during the Class Period and provided the redemption code of these App Store & iTunes Gift Card(s) to a third party; (2) the third party was unknown to you and sought the redemption code under false pretenses; and (3) your claim excludes any amounts you have already been refunded, cashed out, or received in compensation from any source in connection with your purchase of the App Store & iTunes Gift Card(s) at issue.
- Proof of purchase of the App Store & iTunes Gift Card(s) that are the subject of your claim. This requirement maybe satisfied by submitting:
- A sales receipt that includes: (i) the purchase date; (ii) the original purchase price; and (iii) at least the last four digits of any gift card number(s) associated with the App Store & iTunes Gift Card(s) that are subject of your claim;
- Evidence of a report to a law enforcement or other government agency that includes: (i) the purchase or scam date; (ii) the original purchase price or amount lost in the scam; and (iii) the gift card number(s) associated with the App Store & iTunes Gift Card(s) that are the subject of your claim; or
- Evidence of a contemporaneous report to a gift card retailer, gift card integrator, bank, credit card company or the AARP that includes: (i) the purchase or scam date; (ii) the original purchase price or amount lost in the scam; and (iii) the gift card number(s) associated with the App Store & iTunes Gift Card(s) that are the subject of your claim; or
- ONLY if you received direct notice of the Settlement by email or U.S. mail, an attestation that you previously contacted Apple to report your Scam Incident and provided Apple with one or more of the proofs of purchase set forth above, together with the contact information that you provided to Apple when making your report (to enable Apple to locate records of the report).
- Proof that you provided the redemption code of the App Store & iTunes Gift Card(s) that are the subject of your claim to someone unknown to you and who sought the redemption code under false pretenses. This requirement may be satisfied by submitting:
- A report to a law enforcement or other government agency reflecting that you were a victim of the type of fraud in which you provided the redemption code of an App Store & iTunes Gift Card(s) to someone unknown to you, who sought the redemption code under false pretenses; or
- A contemporaneous report to a gift card retailer, gift card integrator, bank, credit card company, or the AARP reflecting that you were a victim of the type of fraud in which you provided the redemption code of an App Store & iTunes Gift Card(s) to someone unknown to you, who sought the redemption code under false pretenses; or
- An attestation that you previously contacted Apple to report your Scam Incident, together with the contact information that you provided to Apple when making your report (to enable Apple to locate records of the report).
- When would I get my Class Payment?
The Court will hold a hearing on December 12, 2024, at 9:00 a.m., to decide whether to grant final approval of the Settlement. If the Court approves the Settlement, there may be objections. It is always uncertain whether objections will be filed and, if so, how long it will take to resolve them. Class Payments will be distributed to Class Members as soon as possible, if and when the Court grants final approval of the Settlement and any objections are overruled with finality. The Court may also elect to move the Final Approval Hearing to a different date or time in its sole discretion, without providing further notice to the Class. The current date and time of the Final Approval Hearing can be confirmed under the Important Dates & Deadlines tab of this website.
Top - What rights am I giving up to get a Class Payment and stay in the Class?
Unless you opt out, you will remain in the Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Apple that is related to the subject matter of the claims in this Lawsuit. The rights you are giving up are called Released Claims, which are explained in Question 12.
Top - What are the Released Claims?
Generally, if and when the Settlement Agreement becomes final, Class Members who do not opt out will permanently release Apple Inc. and Apple Value Services, integrators of App Store & iTunes Gift Cards, and retailers of App Store & iTunes Gift Cards, including Defendants’, Integrators’, and Retailers’ past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers, and assigns of each of the foregoing), from claims that are related to the subject matter of the claims in this Lawsuit. The Released Claims are described in more detail in Section 8 of the Settlement Agreement, available under the Case Documents tab of this website.
Top - How do I request to opt out of the Settlement?
To opt out, you must send a letter with the following:
- Your name, address, telephone number, email address, and personally executed signature;
- A statement that you wish to opt out of the Class in Barrett v. Apple Inc., No. 5:20-cv-04812-EJD; and
- Any reasonably available proof that you are a Class Member.
You must mail your opt-our request to:
Barrett v. Apple Settlement Administrator
P.O.Box 301172
Los Angeles, CA 90030-1172Your opt-out request must be postmarked no later than October 15, 2024.
Top - If I opt out, can I still get a Class Payment from this Settlement?
No. If you opt out, you are telling the Court that you don’t want to be part of the Class in this Settlement. You can only get a Class Payment if you remain in the Class. See Question 9.
Top - If I do not opt out, can I sue Apple for the same claims later?
No. Unless you opt out, you are giving up the right to sue Apple regarding any claims that are related to the subject matter of the claims in this Lawsuit. You must opt out of this Lawsuit to have the ability to start or continue with your own lawsuit or be part of any other lawsuit against Apple.
Top - Do I have a lawyer in this case?
Yes. The Court appointed the following attorneys to represent you as “Class Counsel”:
Joseph P. Guglielmo
Scott + Scott Attorneys at Law LLP
230 Park Avenue, 17th Floor
New York, NY 10169
[email protected]Nyran Rose Rasche
Cafferty Clobes Meriwether & Sprengel LLP
135 South LaSalle Street, Suite 3210
Chicago, IL 60603
[email protected]Anthony F. Fata
Kirby McInerney LLP
211 West Wacker Drive, Suite 550
Chicago, IL 60606
[email protected]You do not have to pay Class Counsel out of your own pocket. If you want to be represented by your own lawyer and have that lawyer appear in Court for you in this case, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel may ask the Court for an award of Attorneys’ Fees of up to one-third of the $35 million Settlement Amount, and Costs not to exceed $700,000, as well as Service Awards not to exceed $10,000 per Plaintiff. Class Counsel will move for both the Service Awards and for Attorneys’ Fees and Costs at the Final Approval Hearing, and the Court will determine the amounts to be awarded. The Service Awards and Attorneys’ Fees and Costs will be paid from the $35 million that the Parties settled for before making Class Payments to Class Members. Apple reserves the right to object to the amount of the Service Awards and any Attorneys’ Fees and Costs.
A copy of Class Counsel’s motion for Attorneys’ Fees and Costs and for the Class Representatives’ Service Awards will be available at under the Case Documents tab of this website by September 13, 2024.
Top - May I get my own lawyer?
If you are in the Class, you are not required to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you may hire one at your own expense. If you opt out of the Settlement, you will no longer be represented by Class Counsel once the Settlement is approved.
Top - How do I tell the Court that I do not like the Settlement?
If you are a Class Member, you can tell the Court if there is something about the Settlement that you do not like by submitting an objection. You can’t ask the Court to change the Settlement or order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Class Payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing. If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must: (a) clearly identify the case name and number (Barrett v. Apple Inc., No. 5:20-cv-04812-EJD); (b) include your full name, address, telephone number, email address, and personally executed signature; (c) include the full name, address, telephone number, and email address of your attorney (if you are represented by counsel); (d) state the grounds for the objection; (e) include any reasonably available proof that you are a Class Member; (f) be submitted to the Court either by mailing to the Clerk of Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102, or by filing in person at any location of the United States District Court for the Northern District of California; and (g) be filed or postmarked on or before October 15, 2024.
Top - What is the difference between objecting and opting out?
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 (and do not opt out). Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you cannot object because the Settlement no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on December 12, 2024, at 9:00 a.m., at the United States District Court for the Northern District of California, San Jose Courthouse, 280 South 1st Street, Courtroom 4, 5th Floor, San Jose, CA 95113. At this hearing, the Court will decide whether to approve the Settlement, Class Counsel’s request for Attorneys’ Fees and Costs, and the Service Awards to the Class Representatives. If there are objections, the Court will consider them. The Court may elect to move the Final Approval Hearing to a different date or time in its sole discretion, without providing further notice to the Class. The current date and time of the Final Approval Hearing can be confirmed under the Important Dates & Deadlines tab of this website.
Top - Do I have to come to the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to come to the Final Approval Hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.
Top - May I speak at the Final Approval Hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing.
Top - What happens if I do nothing at all?
If you are a Class Member and you do nothing, you will not be eligible to receive a Class Payment. However, you will still be bound by the Settlement.
That is, you will not receive a payment, but you will give up the rights explained in Question 12, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple related to the Lawsuit or for claims that in any way are related to the subject matter of the claims in this Lawsuit.
Top - Are more details available?
Visit the Case Documents tab of this website where you will find the Settlement Agreement and other related documents. You may also call toll-free at 1-877-519-3812 or write to Barrett v. Apple Settlement Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172. You may also contact Class Counsel (contact info listed under Question 16 above) or access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
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PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT
THIS SETTLEMENT OR THE CLAIM PROCESS. - How do I submit my claim?
You may submit your claim electronically via the settlement website link by clicking HERE or via U.S. Mail to the Settlement Administrator at the following address: Barrett v. Apple Settlement Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172. Please remember the deadline to submit a claim is October 15, 2024.
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