Frequently Asked Questions

  1. What information does this website provide?
  2. What is this lawsuit about?
  3. Why is this a class action?
  4. Why are there settlements?
  5. How do I know if I am part of the settlements?
  6. Are there exceptions to being included?
  7. If I no longer own my iPad 3G, am I still included?
  8. What benefits do the settlements provide?
  9. What are the requirements to receive the $40 Cash Payment?
  10. What are the requirements to receive the Data Plan Benefit?
  11. How do I submit a claim?
  12. When would I receive my benefits?
  13. How do I opt out of the settlements?
  14. If I don't exclude myself, can I sue Apple or AT&T for the same thing later?
  15. If I exclude myself, can I get benefits from these settlements?
  16. Do I have a lawyer in this case?
  17. How will the lawyers be paid?
  18. How can I object to the settlements and/or Class Counsel's fee and expense request?
  19. What's the difference between objecting and excluding?
  20. When and where will the Court decide whether to approve the settlements?
  21. Do I have to come to the hearing?
  22. May I speak at the hearing?
  23. What happens if I do nothing at all?
  24. Are there more details about the settlements?
  25. How do I find my serial number?
  26. How do I find my Apple ID?
  27. How do I find my IMEI Number?
  28. What if I own more than one eligible iPad 3G?

1. What information does this website provide?

The purpose of this website is to provide you with information about a proposed settlement in a class action lawsuit, and about your options, before the Court decides whether to approve the settlements.

This website explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as In re Apple and AT&T iPad Unlimited Data Plan Litigation, Case No. 5:10-cv-02553-RMW. The people who sued are called Plaintiffs, and the companies they sued, Apple Inc. and AT&T Mobility LLC, are called Defendants.

2. What is this lawsuit about?

The lawsuit claimed that customers who purchased or ordered an iPad 3G on or before June 7, 2010 were not provided with access to an "unlimited" data plan in the manner originally advertised by Apple and AT&T. The Complaint filed in this case, available here, contains more detail, including a list of the legal claims alleged. Apple and AT&T deny all allegations and are entering into these settlements to avoid burdensome and costly litigation. The settlements are not an admission of wrongdoing.

3. Why is this a class action?

In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All these people are a "Class" or "Class Members." One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

In this case, there are two classes: the "Apple Class," with alleged claims against Apple, and the "AT&T Subclass," with alleged claims against AT&T. The Class Representatives for the Apple Class are Adam Weisblatt, Joe Hanna, David Turk, Colette Osetek, and Aaron Friedman. The Class Representative for the AT&T Subclass is Joe Hanna.

4. Why are there settlements?

The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, the parties have agreed to settle the case. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys (called "Class Counsel") believe that the settlements are in the best interests of the Class Members.

5. How do I know if I am part of the settlements?

The Court has decided that everyone who fits the following description is an "Apple Class Member": All United States residents who purchased or ordered an Apple iPad with 3G capability (iPad 3G) in the United States on or before June 7, 2010.

The Court has decided that everyone who fits the following description is an "AT&T Subclass Member": All persons in the United States who purchased or ordered an Apple iPad 3G in the United States on or before June 7, 2010 and who did not sign up for or purchase any AT&T data plan for that iPad 3G at any time.

6. Are there exceptions to being included?

The Apple Class does not include Apple; any entity in which Apple has a controlling interest; Apple's directors, officers, and employees; Apple's legal representatives, successors, and assigns; and wholesalers, resellers, retailers and distributors. The AT&T Subclass does not include Apple; AT&T; any entity in which AT&T or Apple has a controlling interest; AT&T and Apple's directors and officers; Apple's employees; and AT&T and Apple's legal representatives, successors, and assigns. Also excluded are all persons who validly request exclusion (see section 13 below).

7. If I no longer own my iPad 3G, am I still included?

Yes. You may still claim the $40 Cash Payment from Apple if you meet the other eligibility requirements. You may still claim the AT&T Data Plan Benefit if you meet the eligibility requirements and affirm on the Claim Form that you no longer have the iPad 3G that you purchased or ordered on or before June 7, 2010; you may use the Data Plan Benefit for a later-generation iPad that you identify on the Claim Form.

8. What benefits do the settlements provide?

Cash Payment: Apple will provide a $40 Cash Payment to Apple Class Members who meet the requirements described in section 9 below. There is a limit of one $40 Cash Payment per iPad 3G.

Data Plan Benefit: AT&T will provide a "Data Plan Benefit" to AT&T Subclass Members who meet the requirements described in section 10 below. Under the Data Plan Benefit, eligible AT&T Subclass Members will be able to sign up for an AT&T 5GB iPad data plan for a discounted monthly rate of $30/month for up to one year (which is a discount of $20/month from the current $50/month rate). If AT&T lowers the price of its 5GB iPad data plan, a discount of $20/month will still be provided. There is a limit of one Data Plan Benefit per qualifying iPad 3G. The Data Plan Benefit may be used for the iPad 3G that you purchased or ordered on or before June 7, 2010 or, if you no longer have that iPad 3G, it may be used for a later-generation iPad that you identify on the Claim Form. If an AT&T Subclass Member cancels the Data Plan Benefit or otherwise changes his plan before the end of the twelve-month period, the Data Plan Benefit will no longer be available to that AT&T Subclass Member.

9. What are the requirements to receive the $40 Cash Payment?

To receive the $40 Cash Payment from Apple, you must: (a) be a United States resident who purchased or ordered an iPad 3G in the United States on or before June 7, 2010; and (b) submit a valid Claim Form. For information about how to submit a Claim Form, see section 11 below.

10. What are the requirements to receive the Data Plan Benefit?

To be eligible for the Data Plan Benefit, you must: (a) be a United States resident who purchased or ordered an iPad 3G in the United States on or before June 7, 2010 and have not signed up for any AT&T 3G data plan for that iPad 3G at any time; and (b) submit a valid Claim Form. For information about how to submit a Claim Form, see section 11 below.

11. How do I submit a claim?

To receive the $40 Cash Payment from Apple, the Data Plan Benefit from AT&T, or both, you must have submitted a valid Claim Form. As part of the Claim Form, you were required to affirm that the ability to switch in and out of the AT&T "unlimited" data plan was a factor in your decision to purchase an iPad 3G. Only eligible persons will receive benefits.

Deadline for submitting Claim Forms: The deadline to file a claim form was February 3, 2014 and has since passed. As a result, you can no longer file a claim at this time.

12. When would I receive my benefits?

The Court will hold a hearing on February 7, 2014 at 9:00 a.m., to decide whether to approve the settlements. If the Court approves the settlements, and after any appeals process is completed, eligible Apple Class Members will be sent Cash Payments, and eligible AT&T Subclass Members will be sent instructions for how to redeem the Data Plan Benefit. The appeal process can take time, perhaps more than a year. Please be patient.

13. How do I opt out of the settlements?

You can exclude yourself (or "opt out") of one or both of the settlements. To exclude yourself, you must send a letter that clearly states your intent to exclude yourself from the settlement with Apple, the settlement with AT&T, or both settlements. Be sure to include: your name; your address; your telephone number; whether you want to exclude yourself from the settlement with Apple, the settlement with AT&T, or both settlements; your signature; and reference the case name In re Apple and AT&T iPad Unlimited Data Plan Litigation, Case No. 5:10-cv-02553-RMW. To be valid, you must mail your exclusion request postmarked no later than December 20, 2013, to:

In re Apple and AT&T iPad Unlimited Data Plan Litigation
P.O. Box 43208
Providence, RI 02940-9994

You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded from the settlement with Apple, you will not receive any Cash Payment and you cannot object to the settlement with Apple, but you preserve any right you may have to sue (or continue to sue) Apple about the legal issues in this case. If you ask to be excluded from the settlement with AT&T, you will not receive the Data Plan Benefit and you cannot object to the settlement with AT&T, but you preserve any right you may have to sue (or continue to sue) AT&T about the legal issues in this case.

14. If I don't exclude myself, can I sue Apple or AT&T for the same thing later?

No. Unless you exclude yourself from the settlement with Apple, you give up any right you may have to sue Apple about the legal issues in this case. If you are within the AT&T Subclass definition (see section 5 above), unless you exclude yourself from the settlement with AT&T, you give up any right you may have to sue AT&T about the legal issues in this case.

15. If I exclude myself, can I get benefits from these settlements?

No. If you exclude yourself from the settlement with Apple, you may not receive any Cash Payment. If you exclude yourself from the settlement with AT&T, you may not receive the Data Plan Benefit.

16. Do I have a lawyer in this case?

You are represented in this case by the law firms of Lieff Cabraser Heimann & Bernstein LLP, The Weston Firm, Schubert Jonckheer & Kolbe LLP, Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP, and Hiden, Rott & Oertle, LLP. Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

17. How will the lawyers be paid?

Class Counsel will ask the Court for attorneys' fees and expenses of up to $1,750,000, and will also request service awards in the amount of $1,000 each for the five Class Representatives to compensate them for their efforts in this case. A copy of Class Counsel's application for attorneys' fees and expenses will be posted on this website when it is filed. The Court will determine the proper amount of attorneys' fees and expenses to award Class Counsel and the proper amount of service awards for the Class Representatives. Apple and AT&T will pay the amounts awarded by the Court in addition to the cash and benefits to the Class.

18. How can I object to the settlements and/or Class Counsel's fee and expense request?

If you're an Apple Class Member and don't exclude yourself, you can object to the Apple settlement if you don't like any part of it. If you're an AT&T Subclass Member and don't exclude yourself, you can object to the AT&T settlement if you don't like any part of it. You can also object to Class Counsel's request for attorneys' fees and expenses and/or to the service awards for the Class Representatives.

The Court will consider your views. To object, you must send a letter saying that you object to the settlement(s), Class Counsel's request for attorneys' fees and expenses, and/or the requested service awards for the Class Representatives in In re Apple and AT&T iPad Unlimited Data Plan Litigation, Case No. 5:10-cv-02553-RMW. To be valid, your objection must include: (a) your name, address, and telephone number; (b) your signature; (c) a statement that you are a member of the Apple Class and/or the AT&T Subclass and an explanation of the basis upon which you claim to be a member of the Apple Class and/or the AT&T Subclass; (d) all grounds for your objection; and (e) the identity of all counsel, if any, who represent you. The objection and any supporting papers must be mailed to the following two addressees, postmarked no later than December 20, 2013:

COURT SETTLEMENT ADMINISTRATOR
Clerk of the Court
United States District Court
San Jose Division
280 South 1st Street
San Jose, CA 95113
In re Apple and AT&T iPad
Unlimited Data Plan Litigation

P.O. Box 43208
Providence, RI 02940-9994

19. What's the difference between objecting and excluding?

Objecting is simply telling the Court that you don't like something about the settlement(s), the request for attorneys' fees and expenses, and/or the request for service awards. Excluding yourself is telling the Court that you don't want to be part of the settlement(s). If you exclude yourself from a settlement, you cannot object to that settlement.

20. When and where will the Court decide whether to approve the settlements?

The Court will hold a Fairness Hearing at 9:00 a.m. on February 7, 2014 at the United States District Court for the Northern District of California, San Jose Division, Courtroom 6 (4th Floor) located at 280 South 1st Street, San Jose, California, 95113. At this hearing the Court will consider whether the settlements are fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also consider how much to award Class Counsel and the amount of service awards for the Class Representatives. After the hearing, the Court will decide whether to approve the settlements. We do not know how long these decisions will take.

21. Do I have to come to the hearing?

No. Class Counsel will answer questions that the Court may have. But, you are welcome to come at your own expense. If you send an objection, you don't have to come to Court to talk about it. As long as your written objection was mailed on time and meets the other criteria described in section 18 above, the Court will consider it. You may also pay your own lawyer to attend, but it's not necessary.

22. May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear and speak at the Fairness Hearing in "In re Apple and AT&T iPad Unlimited Data Plan Litigation, Case No. 5:10-cv-02553-RMW." Be sure to include the case name and number, your name, address, and telephone number, your signature, and the identity of any lawyers, if any, who will appear on your behalf. Your letter of intent to appear and speak must be mailed to the Clerk of the Court and the Settlement Administrator, at the addresses listed in section 19 above, postmarked no later than December 20, 2013. You cannot speak at the Fairness Hearing if you exclude yourself from the settlements.

23. What happens if I do nothing at all?

If you do nothing, you will not receive a Cash Payment or Data Plan Benefit. If you don't exclude yourself from the Apple settlement, you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple about the legal issues in this case. If you don't exclude yourself from the AT&T settlement, you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against AT&T about the legal issues in this case.

24. Are there more details about the settlements?

This notice summarizes the proposed settlements. More details are in the Settlement Agreements, available here . Also, copies of the Settlement Agreements and the other documents relating to the case are on file at the United States District Court for the Northern District of California, San Jose Division, and may be examined and copied at any time during regular office hours at the Office of the Clerk, 280 South 1st Street, San Jose, California, 95113.

25. How do I find my serial number?

If you have your iPad, go to "About" in your Settings menu. If you no longer have your iPad, click on https://supportprofile.apple.com. If you are prompted for your Apple ID and do not remember it, go to https://appleid.apple.com and follow the directions on the website.

26. How do I find my Apple ID?

To find your Apple ID, click on https://appleid.apple.com and follow the directions on the website.

27. How do I find my IMEI ID?

To determine the IMEI number of your iPad, go to "About" in your Settings menu.

28. What if I own more than one eligible iPad 3G?

If you purchased more than one eligible iPad 3G, you will receive a separate e-mail or mailed Notice with a separate Personal Claim Number for each iPad. You must submit a separate claim form for each iPad using the separate Personal Claimant Number.

You can file your claim on this website by clicking here.