The Organization of Consumers and Users (OCU) has announced a new step in its class action lawsuit against Apple in Spain. According to the consumer association, “the time has come to file a lawsuit to claim the damages caused” by the so-called batterygate. And for that, has contacted affected users of an iPhone 6 or iPhone 6s. In this way, the first steps are taken to register in the lawsuit and appear as an affected user.
The origin of everything: the ‘batterygate’
It has rained a lot since the controversy of the so-called case batterygate. At the end of 2017, we discovered that an iPhone that was several years old could improve its performance if you changed its battery. An issue that Apple ended up recognizing, as normal aging of batteries.
However, the performance drop needed to avoid blackouts on affected iPhones was not properly communicated to users. It was a unilateral and opaque decision that the company later rectified through a software update. This is where the collective lawsuit that they are promoting from the OCU comes into operation. To do this, they have obtained information about the owners of an iPhone 6 or iPhone 6s and have contacted them via email, where it reads:
Precisely, you are receiving this communication because you are part of the list of possible affected parties identified by Apple in the Preliminary Proceedings 27/2021 followed before the Mercantile Court No. 10 of Madrid and as ordered by Order No. 470/2021 dated 11 November 2021 issued by this Court.
From the OCU they have enabled a page in which to follow the development of this legal action. There’s also a section dedicated to frequently asked questions to go to. Right now it is in the communication phase to those affected, although Apple has not yet given the association the complete list of users (something that is expected to happen in the future).
How to know if you are affected and how much would correspond to you
In principle, any user of iPhone 6 or iPhone 6s, including its “Plus” variants, who has noticed the drop in performance of the terminal and requested a battery replacement or replacement with a new terminal enters within the affected users. You must be a home user, that is, one who does not use his iPhone for commercial, business or professional activities.
The judicial process can last two years in the first instance, with another two years if there is an appeal.
The amount claimed is between 99 and 189 euros, which comes from the battery replacement (between 29 and 89 euros) and 10% of the value of the device as compensation for moral damages. At the time, the battery change cost 89 euros. Apple offered a refund of 60 euros to customers who paid to change it at the time, hence the origin of the 29 or 89 euros of the claim.
From the OCU they assure that this class action lawsuit It has no cost for the affected. The consumer organization will bear the cost of the legal action. From the final claim obtained, we understand that a percentage will be deducted. But for the end user it does not imply an outlay at any time.
We have contacted Apple Spain to request statements in this regard. At the time of publishing this article, we have not received a response. The court process has an estimated duration of 2 years in the first instance. With a more than probable appeal, another two additional years are added. So that until 2026 there would be a definitive resolution.
More information | OCU website.