Lawyers representing consumers in a class-action lawsuit against Apple, involving an alleged defect in the iPhone 7 and 7 Plus, have sought $8.75 million in fees and costs. Their request comes after a preliminary approval was given for the parties’ agreed settlement. According to the Bloomberg report, the lawyers said they had spent nearly 8,000 hours over five years litigating the claims.
In the case, consumers alleged that an alleged audio defect in those iPhone models caused poor sound quality, thus limiting their ability to make phone calls or use voice-activated features like Siri. The parties agreed to settle the claims for $35 million, a judgement that won preliminary approval in November 2023.
According to the settlement terms, individuals who owned an iPhone 7 or 7 Plus between September 2016 and January 2023, and had contacted Apple to address the issue, are covered by the settlement. Class members who incurred out-of-pocket expenses linked to the alleged defect can expect to receive between $50 and $349. Other class members who complained about the alleged defect but did not incur related expenses could receive up to $125.
Class counsel argues their proposed $8.57 million in attorney fees and $175,000 in litigation expenses are warranted given the high-risk and labor-intensive nature of the undertaking. They are also requesting a $3,000 class representative service award for six plaintiffs. The attorneys are asking that the fees be paid from the settlement fund and are following the Ninth Circuit’s accepted 20-30% range.
The case, Tabak v. Apple Inc., is another example of how consumer class actions can put significant pressure on large corporations to address product issues. The case is also noteworthy as it raises important questions about the appropriateness of attorney fees in class-action settlements.