IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
IF YOU WERE TRICKED INTO PURCHASING AN APP STORE & iTUNES GIFT
CARD AND PROVIDING THE REDEMPTION CODE TO SOMEONE UNKNOWN TO
YOU AT ANY POINT BETWEEN JANUARY 2015 AND JULY 2020, YOU SHOULD
READ THIS NOTICE OF CLASS ACTION SETTLEMENT AS IT MAY IMPACT
YOUR LEGAL RIGHTS.
A court authorized this Notice. This is not a solicitation.
A Settlement has been reached with Apple Inc. and Apple Value Services, LLC (“Apple” or “Defendants”) in Barrett v. Apple, No. 5:20-cv-04812-EJD (N.D. Cal.), a class action lawsuit alleging 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 scam. Apple, which was not the party that perpetrated the scams, denies that it had any responsibility to provide such refunds and denies all allegations of wrongdoing.
You may be included in this Settlement as a “Class Member” and entitled to receive a payment called the “Class Payment” if you purchased an App Store & iTunes Gift Card between January 2015 and July 2020 anywhere in the United States, you provided the redemption code for this gift card to someone unknown to you who sought the code under false pretenses, and you did not receive a full refund or other form of compensation for your complete losses from Defendants or any third party.
The criteria to be a Class Member are defined more fully in the answers to Frequently Asked Questions 5 and 6. Together, all Class Members are collectively known as the “Class.”
You must file a Claim Package by October 15, 2024 to receive cash benefits from this Settlement.
Your rights are affected whether you act or don’t act. Read this Notice carefully.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
STAY IN THE CLASS |
The Parties to the Lawsuit have settled for $35 million. If you purchased an App Store & iTunes Gift Card between January 2015 and July 2020 anywhere in the United States, you provided the redemption code for this gift card to someone unknown to you who sought the code under false pretenses, and you did not receive a full refund or other form of compensation for your complete losses from Defendants or any third party, you are eligible to file a claim for the amount equal to the face value of the eligible App Store & iTunes Gift Card(s) you purchased, less 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). Please note that the Class Payments may be reduced depending on the number of valid claims. Final payment amounts will be calculated and distributed based on the total number and value of valid claims submitted by Class Members. If you are a Class Member, you have the option of electing to receive a Class Payment by ACH transfer or by check. If you decide to stay in the Class, you will give up the right to sue Apple in a separate lawsuit related to the subject matter of the claims in the 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. |
ASK TO BE EXCLUDED (OPT OUT) DEADLINE: |
If you decide to opt out of this Settlement, you will keep the right to sue Apple at your expense in a separate lawsuit related to the subject matter of the claims this Settlement resolves, but you give up the right to get a Class Payment from this Settlement. This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Apple related to the subject matter of the claims in this Lawsuit. If you opt out of this Settlement and the Settlement is approved, you will no longer be represented by Class Counsel. |
OBJECT TO THE SETTLEMENT DEADLINE: |
If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement. You may object to the Settlement, and if the Settlement is approved by the Court, you may still |
GO TO A HEARING ON: |
You may object to the Settlement and ask the Court for permission to speak at the Final Approval Hearing where the Parties will request that the Final Approval Order be entered approving the Settlement. You may object to the Settlement and speak at the Final Approval Hearing, and if the Settlement is approved by the Court, you may still be able to receive a Class Payment. |
The Court overseeing this case still has to decide whether to approve the Settlement.
This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, you may: (1) see the Settlement Agreement available at www.giftcardscamsettlement.com; (2) contact Class Counsel representing the Class Members (contact info listed under Frequently Asked Question 16); (3) 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 (4) visit the office of the Clerk of 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.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS NOTICE, THIS SETTLEMENT, OR THE CLAIMS PROCESS.