Apple iPod settlement benefits begin flowing to 1G, 2G, 3G iPod owners

The following is from a posting on the Girard Gibbs & De Bartolomeo LLP website:

In December 2003, Girard Gibbs filed the first class action suit on behalf of all iPod owners in the United States based on allegations that Apple misrepresented the playtime and lifespan of the iPod’s battery. In June 2004, the class action suits against Apple were coordinated in the Superior Court of San Mateo, Honorable Beth L. Freeman presiding. Shortly after, Judge Freeman appointed Girard Gibbs as Co-Liaison Counsel for Plaintiffs. The Plaintiffs filed a consolidated amended complaint in July 2004 which Apple answered in August 2004. After conducting discovery, the parties began settlement negotiations and reached a settlement agreement in April 2005.

Judge Freeman granted final approval of the settlement and entered a final judgment on August 25, 2005. On October 24, 2005, two individuals filed appeals from the Court’s order granting final approval of the settlement. As a result of the appeals, Apple and the Claims Administrator could not begin the process of fulfilling claims.

On December 20, 2005, the appeals were abandoned. Thereafter, the Claims Administrator began the process of fulfilling the claims. Previously, we posted a time-line by which the Claims Administrator would distribute the settlement benefits. This time-line has been adjusted by approximately three weeks due to unforeseen circumstances. Below is the time-line for the distribution of the settlement benefits:

February 10, 2006- The Claims Administrator mailed $25 checks to Class Members who purchased the AppleCare Protection Plan and obtained battery repair/replacement under the AppleCare Protection Plan.

March 24, 2006- The Claims Administrator mailed $25 checks to Class members who own a First or Second Generation iPod and who selected the $25 cash payment and who submitted valid claims.

Beginning March 31, 2006- For Class members who paid for battery/iPod replacement before June 3, 2005 pursuant to Apple’s Battery Replacement Program, the Claims Administrator will begin mailing checks for 50% of the amount previously paid to those who submitted valid claims.

End of March 2006- The Claims Administrator will send denial letters to those individuals who do not fit the class definition or who submitted their claims past the claims deadline.

Beginning April 7, 2006- For Class members who own a Third Generation iPod and who selected battery/iPod replacement, the Claims Administrator will begin mailing letters containing instructions for battery/iPod replacement in weekly batches to those who submitted valid claims. Letters with instructions will be sent out in the order claims were received.

Beginning April 7, 2006- For Class members who own a First, Second or Third Generation iPod and who selected a $50 store credit, the Claims Administrator will begin mailing letters with certificate codes and instructions for the $50 store credit to those who submitted valid claims.

Beginning April 14, 2006- The Claims Administrator will begin sending deficiency letters to Class members who submitted an incomplete/incorrect claim.

We sincerely appreciate your patience during the claims fulfilling process. We can assure you that the Claims Administrator is working diligently to process and fulfill the approximately 125,000 claims it has received to date. To expedite the settlement distribution process, please respond to any notices of deficiency you may receive right away. You will have 60 days to make changes to your claim form to remedy any deficiencies.

Link source: http://www.girardgibbs.com/news.asp#ipod

MacDailyNews Note: Multiple MacDailyNews readers have informed us that they have received such letters starting yesterday. More info about the Apple iPod Settlement here: http://www.appleipodsettlement.com/

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Related articles:
Apple iPod Settlement now final – December 23, 2005
Apple iPod settlement benefits delayed due to appeal – November 21, 2005
Apple iPod class action lawsuit settlement approved by judge – August 26, 2005
Apple offers $50 credit for iPod batteries to settle class-action lawsuit – June 02, 2005

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