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Compensation Claim FAQs

Frequently asked questions about our claim against Apple and how you can take part.

iPhone Compensation Claim Against Apple Inc. And Related Companies.

If your questions are not answered below, please contact us by emailing us at enquiries@theiphoneclaim.com

General Information

Why has this website been created?

This website has been created to inform members of the public about the collective claim against Apple Inc. and its subsidiaries in relation to affected iPhones.

The website will also form one of the ways in which Mr Justin Gutmann will update and communicate with the class members of the claim.

What is the claim against Apple about?

The Class Representative alleges that Apple has breached competition law including by failing to respond fairly and transparently to battery issues which caused affected iPhones to shut down unexpectedly under certain circumstances.

Instead of giving its customers a prompt and transparent explanation of these issues, it is claimed that Apple released iOS updates without disclosing to users that they incorporated a “Performance Management Feature” which negatively impacted on the performance of the Affected iPhones. It is alleged that Apple failed to adequately inform users of the existence, reasons for, or impact of, the Performance Management Feature.

Who is the claim against?

The collective claim is against Apple Inc., Apple Distribution International Ltd and Apple Retail UK Limited, (together “Apple”).

What does the claim say that Apple has done wrong / How have they broken the law?

Apple is alleged to have breached competition law by abusing its dominant position in the relevant iPhone and iOS markets including by failing to respond fairly and transparently to battery issues which caused iPhones to shut down unexpectedly under certain circumstances.

Apple’s conduct was allegedly exploitative in that it imposed unfair trading conditions on consumers.

The Class Representative asserts that purchasers of these iPhones had to pay high premium prices for their iPhone yet suffered reduced performance and/or were forced to upgrade early, paying early termination fees, or purchase a new battery for an additional fee.

Which iPhones are included in the claim?

The following models of iPhones are included in the claim:

  • iPhone 6;
  • iPhone 6 Plus;
  • iPhone 6S;
  • iPhone 6S Plus;
  • iPhone SE;
  • iPhone 7; and
  • iPhone 7 Plus.

Why bring this claim against Apple?

As a company in an allegedly dominant position, Apple has a responsibility to ensure its conduct does not subject consumers to unfair trading conditions. This includes a responsibility not to engage in conduct which harms consumer welfare. Smartphones have become a significant part of people’s everyday lives, and it is imperative that consumers are treated fairly.

Who is going to court and am I represented?

Mr Justin Gutmann is the Class Representative. A class representative is a person who acts on behalf of all members of the class. He is responsible for making sure their interests are put first throughout the conduct of the claim. Mr Gutmann has been approved as the Class Representative in another competition claim.

Mr Gutmann has spent a large proportion of his professional life dedicated to public policy, market research and, specifically, to consumer welfare. His final post prior to retirement was as a Head of Research and Insight at Consumer Focus, the UK’s statutory consumer champion, and later Citizens Advice, during which time he gained experience in the mobile technology sector where his work focussed on market dominance in both the handsets market and network providers’ market.

What are the Class Representative’s responsibilities?

Mr Gutmann’s main responsibilities are to act in the best interest of the Class and to act fairly and adequately, to obtain the best possible outcome for the Class Members.

Mr Gutmann conducts the claim against Apple on behalf of all Class Members.

During the proceedings, Mr Gutmann is responsible for communicating with the Class and for issuing formal notices. Communication will occur via updates and announcements on this website, email correspondences, and/or written notices. Mr Gutmann is also supported by a Consultative Group, which is made up of industry experts and which he may consult if he wishes.

Who are the solicitors instructed by the Class Representative?

Mr Gutmann has instructed the law firm Charles Lyndon to represent him in the claim. Charles Lyndon is one of the UK’s leading consumer-focused litigation law firms and has extensive expertise in competition law.

Charles Lyndon has previously brought the first stand-alone class actions in the UK and has vast experience of the UK collective actions regime. Charles Lyndon also has acted in number of group actions in the High Court relating to the emissions scandal. To see their website, click here.

About Collective Claims

What is a collective claim?

A collective claim (or collective proceedings) is brought by a class representative on behalf of a group of claimants (known as a ‘class’ or individually a ‘class member’) who are claimed to have suffered loss following a breach of competition law.

What is the Competition Appeal Tribunal (CAT)?

The Competition Appeal Tribunal is a specialist court based in London that covers the whole of the UK and hears disputes such as this claim.

The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website.

What does ‘opt-out’ mean in these proceedings?

This claim is proceeding as an opt-out case. In simple terms, if you have not opted-out, you’re in. This process means that, if you were living in the UK as a resident as of 12 March 2024, which is known as the domicile date, and you satisfy the class definition, you are included in the class (and do not need to do anything). The deadline for opting in or out of the claim expired on 7 June 2025.

All Class Members will be bound by any Tribunal judgment. As a Class Member, you will not be able to bring an individual claim against Apple raising the same issues included in this claim.

What is the timeline for the litigation?

The Competition Appeal Tribunal certified the claim and made a Collective Proceedings Order on 23 January 2025 (it was then amended in the Tribunal’s further Order dated 1 June 2026). This means that the collective claim may now proceed to trial unless it is settled out of court beforehand. Disputes of this size generally take a few years to resolve. It is currently anticipated that the first phase of the claim will be tried in the summer of 2028.

If the collective claim proceeds to trial, the Tribunal will decide whether to make an aggregate award of damages for all class members (i.e. compensation). No money is available now and there is no guarantee that money will be available in the future. The case will have to be won in the Tribunal unless a settlement can be agreed as between the class representative and Apple.

Further updates will be published on this website as the collective claim progresses.

Could settlement in the collective claim take place?

It is possible that settlement could take place before trial, however any settlement reached between Mr Gutmann and Apple will need to be approved by the Competition Appeal Tribunal and it must be just, reasonable, and in the best interests of the members of the class. If the collective claim is settled for a sum of money from Apple, then that sum of money will be distributed to the Class Members in accordance with a settlement agreement (which must be approved by the Tribunal).

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Being a Class Member

Who falls into the class for the collective claim and do I qualify?

If you are a consumer or business who acquired and used one or more of the iPhones 6, 6 Plus, 6s, 6s Plus, SE, 7 and 7 Plus, then you may be within the class. The class is divided into two sub-classes, the ‘consumer class’ and the ‘business entities class’.

You may fall into the ‘consumer class’ if you acquired one or more of the affected iPhones listed above in the UK for personal use. You must have entered into the standard iOS software licence terms and/or had an Apple ID registered in connection with the acquired iPhone model(s).

For iPhones 6, 6 Plus, 6S, 6S Plus and SE you must:

  • have acquired and used the iPhone before 23 January 2017; and
  • used the iPhone between 12 December 2016 and 28 March 2018 incorporating any iOS update from iOS 10.2.1 (which was released on 23 January 2017)

For iPhones 7 and 7 Plus you must:

  • have acquired and used the iPhone before 2 December 2017; and
  • used the iPhone between 12 December 2016 and 28 March 2018 incorporating any iOS update from iOS 11.2 (which was released on 2 December 2017)

The same criteria applies to the business entities class, except the iPhone must have been acquired for use in the course of business. The user of the iPhone may have been the business entity class member, or any employee.

The above is a summary of the Class definitions. For the full criteria, please see the Tribunal’s Order Amending the Collective Proceedings Order which is available here.

To have been automatically included in the class you must have been domiciled in the UK as of 12 March 2024. The deadline for other potential class members who were not domiciled in the UK at that time to opt into the claim expired on 7 June 2025.

I qualify as a Class Member. What do I need to do?

At this stage, you do not need to do anything.

When there are any developments in the claim, these will be posted on this website so that you can stay up to date. Additionally, if you click the “Keep Updated” button to stay updated and register your interest, you will be informed of important developments directly.

In the event that compensation has been secured for the class, you will then be required to come forward to claim your share of the damages. Details on how to do this will become available at the appropriate time.

I want to Opt-Out

Any Class Members, who wished to do so, were required to opt-out by 7 June 2025. That deadline has now expired and, under the Tribunal’s current Order, it is no longer possible to opt-in or out of this collective claim. It may be possible to apply to the Tribunal for permission to opt-out after the deadline, but there is no guarantee that such permission would be given.

I want to Opt-In?

If you were not a UK resident on 12 March 2024 (even if you were a resident before then), you were required to opt-in to the class and be part of the claim in order to be eligible to receive a payment if the claim is successful. That deadline has now expired.

I am not a UK resident and did not opt-in by 7 June 2025?

Any eligible individuals (or business entities), who needed to do so, were required to opt-in by 7 June 2025. That deadline has now expired and, under the Tribunal’s current Order, it is no longer possible to opt-in or out of this collective claim. If collective proceedings are successful, any non-Class Members will not be eligible to receive any compensation that becomes available. It may be possible to apply to the Tribunal for permission to opt-in after the deadline, but there is no guarantee that such permission would be given.

Is anyone excluded from the Class?

The following categories of persons are excluded from the Class:

  • Members and staff of the Tribunal assigned to these Proceedings;
  • Officers, directors or employees of:
  • The Defendants; and
  • Any entities which have a (direct or indirect) interest in any of the Defendants that gives rise to significant control; and
  • Any entities in which any of the Defendants have such an interest; and
  • The Class Representative’s and Defendants’ legal representatives as well as any experts or other professional advisors instructed in these proceedings, including the professional staff assisting them.

How it will affect you as a Class Member

Who is paying for the claim against Apple Inc?

Mr Gutmann is working with a specialist litigation funder, Balance Legal Capital LLP, to bring the claim.

How much money will I get and when?

Mr Gutmann is seeking an aggregate award of damages in the region of £499 million before interest is applied for the class as a whole. This preliminary estimate will be refined further based on data to be disclosed by the Defendant. Any aggregate award of damages will need to be distributed to eligible class members.

 

Will I incur any costs for taking part?

As a class member, you will not incur any costs for taking part in the collective claim, nor will you be liable to Apple for its costs should the collective claim be unsuccessful.

Can I talk to my friends and family about the case or post on social media publicly?

Yes. There is no reason stopping you from discussing the case in person or on social media.

Can I make an individual claim against Apple as well as being part of the collective claim?

As a class member, if money becomes available, you will be eligible to receive a payment. You will also be legally bound by all Tribunal judgments with respect to this claim. Whether Mr Gutmann wins money for the class or not, unless you have opted-out, you will never be able to make your own claim against Apple in respect of the claims included in this case.

More Information

How can I stay updated on the progress of the collective claim?

If you would like to receive updates on the progress of the claim, please click the ‘Keep Updated’ button to register your interest and to stay up to date.

You can also revisit this website to check for new information from time to time as it will be updated periodically.

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