In re MacBook Keyboard Litigation
In re MacBook Keyboard Litigation Settlement
Case No. 5:18-cv-02813-EJD-VKD

Frequently Asked Questions

 

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  • A court authorized the Notice because individuals or entities who bought Apple MacBook, MacBook Air, and MacBook Pro MacBook laptops between 2015 and 2019 that were equipped with a butterfly keyboard mechanism have the right to know about a legal settlement. If you qualify as a Settlement Class Member and you received a qualifying repair, you can get a payment.

    To find out if you qualify, see Questions 5-6 below.

    The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

    Judge Edward J. Davila of the United States District Court for the Northern District of California is in charge of this case. The case is In re MacBook Keyboard Litigation, No. 5:18-cv-02813-EJD (N.D. Cal.). The proposed Settlement also resolves a related case called Huey v. Apple, No. 2018-CA-004200-B, pending in the Superior Court of the District of Columbia.

  • Plaintiffs claim that Defendant sold MacBook laptops with butterfly keyboards that are defective. Plaintiffs allege that purchasers have experienced the following keyboard issues as a result of this alleged defect:

    • Letters or characters repeat unexpectedly;
    • Letters or characters do not appear; and
    • Key(s) feel “sticky” or do not respond in a consistent manner.

    Apple denies all of the allegations made in the lawsuit, denies that any MacBooks are defective, and denies that Apple did anything improper or unlawful. Apple asserts numerous defenses to the claims in this case. The proposed settlement to resolve this case is not an admission of guilt or wrongdoing of any kind by Apple.

  • In a class action, one or more individuals and/or entities called “class representatives” sue on behalf of themselves and other individuals and/or entities who have similar claims. This group of individuals and/or entities is called the “class,” and the individuals and/or entities in the class are called “class members.” One court resolves the issues for all class members, except for people who exclude themselves from the class.

  • The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the costs and risks of a trial, and the allegedly affected Settlement Class Members can get benefits or compensation. The class representatives and their attorneys think the Settlement is best for the Settlement Class.

  • The Settlement Class includes all persons and entities in the United States who purchased, other than for resale, one or more of the following Apple MacBook models:

    • MacBook (Retina, 12-inch, Early 2015)
    • MacBook (Retina, 12-inch, Early 2016)
    • MacBook (Retina, 12-inch, 2017)
    • MacBook Air (Retina, 13-inch, 2018)
    • MacBook Air (Retina, 13-inch, 2019)
    • MacBook Pro (13-inch, 2016, Two Thunderbolt 3 Ports)
    • MacBook Pro (13-inch, 2017, Two Thunderbolt 3 Ports)
    • MacBook Pro (13-inch, 2019, Two Thunderbolt 3 Ports)
    • MacBook Pro (13-inch, 2016, Four Thunderbolt 3 Ports)
    • MacBook Pro (13-inch, 2017, Four Thunderbolt 3 Ports)
    • MacBook Pro (15-inch, 2016)
    • MacBook Pro (15-inch, 2017)
    • MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports)
    • MacBook Pro (15-inch, 2018)
    • MacBook Pro (13-inch, 2019, Four Thunderbolt 3 Ports)
    • MacBook Pro (15-inch, 2019)

    Together, these models are referred to as the “Class Computers”. The Settlement Class includes all purchasers, including individuals, corporations, and other entities. It does not include any entity in which Apple has a controlling interest; Apple’s directors, officers and employees; Apple’s legal representatives, successors, and assigns; members of the Court; and all persons who submit valid requests to be excluded from the Settlement.

  • If you are not sure whether you are included in the Settlement Class, you can call the Claims Administrator at 1-855-579-1311 for more information.

    You can also quickly determine the make/model of your MacBook by selecting “About This Mac” under the Apple menu in the top left portion of the screen, or by entering the serial number from the bottom of the MacBook into this page on Apple's website: https://checkcoverage.apple.com/.

  • Apple will pay $50 million into a Settlement Fund. After deduction of the costs of notice and settlement administration, any award of attorneys’ fees (up to 30% of the Settlement Fund), litigation costs, and any service awards for the Class Representatives (up to $5,000 to each of the twelve individual Class Representatives), the Settlement Fund will be distributed to Settlement Class Members in accordance with a plan of allocation that accounts for the number of eligible Settlement Class Members in each of the three Settlement categories. The plan of allocation is described in detail in the Settlement Agreement.

    The amount of the payments for each Group will vary depending on the number of valid claims received. Group 1 Settlement Class Members are estimated to receive a payment between $300 and $395. Eligible Group 2 Settlement Class Members are estimated to receive up to $125 and eligible Group 3 Settlement Class Members are estimated to receive up to $50. In addition, Apple’s Keyboard Service Program (https://support.apple.com/keyboard-service-program-for-mac-notebooks) provides four years of protection and remains available for any Settlement Class Member who may experience future issues within four years of purchase.

    We will not know the final amounts that each group will receive until all claims are evaluated. Please be patient.

  • The amount Settlement Class Members will receive (and what they must do to get a payment) depends on which of the three categories they fall into and how many eligible Settlement Class Members are ultimately determined to fall into each category.

    Group 1: Multiple Topcase Replacements. Settlement Class Members who, within four years of purchasing a Class Computer, obtained two or more Topcase Replacements, will receive a payment without the need to submit a claim. Settlement Class Members in this group will receive an email or postcard Notice confirming eligibility for payment and requesting confirmation of contact information. It is estimated that Settlement Class Members in this group will receive an initial payment of $300, but the actual payment could be more or less, depending on the number of eligible Settlement Class Members in each category. The maximum payment for Group 1 Settlement Class Members is $395. A Settlement Class Member can meet the eligibility requirements for this group and receive payment if they obtain two or more Topcase Replacements anytime until November 28, 2024. Please go to the Change of Address form or see Question 15 for more information on how to update your address.

    Group 2: Single Topcase Replacement. Settlement Class Members who, within four years of purchasing a Class Computer, obtained a single Topcase Replacement, must submit a claim to receive payment. Settlement Class Members in this Group must declare that the repair did not resolve their keyboard issues. Settlement Class Members who obtained a single Topcase Replacement must submit a Claim Form by March 6, 2023. Settlement Class Members whose purchase or repair is not reflected in Apple’s records will also need to provide proof of purchase and/or repair.  The maximum payment for Group 2 Settlement Class Members is $125, but it may be less. The amount of the payments for Group 2 Settlement Class Members will depend on the number of eligible Settlement Class Members and valid claims for all categories. Please see Question 12 below for information about how you can file a claim.

    Group 3: Keycap Replacements. Settlement Class Members who, within four years of purchasing a Class Computer, obtained one or more Keycap Replacements, must submit a claim to receive payment. Settlement Class Members in this Group must declare that the repair did not resolve their keyboard issues. Settlement Class Members who obtained Keycap Replacements must submit a Claim Form by March 6, 2023. Settlement Class Members whose purchase or repair is not reflected in Apple’s records will also need to provide proof of purchase and/or repair. The maximum payment for Group 3 Settlement Class Members is $50, but it may be less. The amount of the payments for Group 3 Settlement Class Members will depend on the number of eligible Settlement Class Members and valid claims for all categories. Please see Question 12 below for information about how you can file a claim.

    For more information on the plan of allocation, please review the Settlement Agreement.

    If you own a Class Computer and did not obtain a Keycap Replacement or Topcase Replacement within the first four years of ownership, you are not eligible for payment. Apple’s Keyboard Service Program (https://support.apple.com/keyboard-service-program-for-mac-notebooks) provides four years of protection and remains available for any Class Member who may experience future issues within four years of purchase.

    For information on how to make a claim, see Question 12 or go to the File a Claim page.

  • If you received a record of the repair from Apple or an Apple Authorized Service Provider, it will specify whether you received a Topcase Replacement or a Keycap Replacement.

    A Topcase Replacement refers to the replacement of the full keyboard module (including the battery, track pad, speakers, top case, and keyboard), performed by Apple or an Apple Authorized Service Provider.

    A Keycap Replacement refers to the replacement of one or more keycaps on a keyboard, performed by Apple or an Apple Authorized Service Provider, and does not involve replacement of the full keyboard module.

    If you are still unsure whether you received a Topcase Replacement or Keycap Replacement, you can call the Claims Administrator at 1-855-579-1311 for more information.

  • No. Settlement payments are only available to Settlement Class Members who received repairs performed by Apple or an Apple Authorized Service Provider. The Settlement does not provide reimbursement for any other out of pocket expenses.

  • Unless you exclude yourself with an Opt Out request (see Question 19), you cannot sue, continue to sue, or be part of any other lawsuit against Apple about the issues in this case. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain a Settlement Class Member.

  • If you appear in Apple’s records as having received multiple Topcase Replacements, you will receive a summary notice via email or postcard stating that you are a Group 1 Settlement Class Member. Settlement Class Members in Group 1 will receive a payment without the need to submit a claim if the Settlement is approved by the Court and becomes effective.

    If you appear in Apple’s records as having received a single Topcase Replacement or Keycap Replacement, you are a Group 2 or Group 3 Settlement Class Member and will receive an email or postcard with a Unique ID that you can use to complete and submit an Online Claim Form that will be pre-populated with information regarding your claim. You may also download and submit a Paper Claim Form or request one from the Claims Administrator, as described below. 

    If you receive an email or postcard notice, but do not appear in Apple's records as having received a Topcase Replacement or Keycap Replacement, you may use the Unique ID in your notice to complete and submit an Online Claim Form that will be pre-populated with information regarding your claim, but you will need to provide additional information, including supporting your claim with reasonable documentation and information that you received a Topcase Replacement or a Keycap replacement. You may also download and submit a Paper Claim Form or request on from the Claims Administrator, as described below.

    If you do not receive a notice but you believe you may be eligible to file a claim, you can complete and submit an Online Claim Form by selecting the option to proceed without a Unique ID and PIN. You can also download a Paper Claim Form or contact the Claims Administrator to request a hard copy Claim Form by telephone at 1-855-579-1311 or by U.S. mail at In re MacBook Keyboard Litigation Settlement, c/o JND Legal Administration, PO Box 91341, Seattle, WA 98111. If you download the Claim Form or request a hard copy, you may submit the completed Claim Form to the same U.S. mail address or e-mail it to info@KeyboardSettlement.com. To submit a claim, you will need to provide a serial number for your device, or provide additional documentation or information showing that you purchased a Class Computer, as well as documentation and information that you received a Topcase Replacement or Keycap Replacement. The Paper Claim Form and instructions will explain the information that is required and the acceptable forms of documentation or information for proof of purchase and/or repair.

    Each MacBook may be the subject of only one claim. Settlement Class Members who purchased multiple Class Computers may submit a separate claim for each MacBook they purchased.

    If you purchased 25 or more Class Computers, a special process has been established to facilitate claim filing. Please email the Settlement Administrator at multiclaims@KeyboardSettlement.com to receive assistance with filing your claims. Please include the Unique ID identified in the email or notice you received when emailing the Settlement Administrator.

  • For Settlement Class Members not in Group 1 who obtained a single Topcase Replacement or one or more Keycap Replacements, claims must be submitted electronically, e-mailed, or postmarked no later than March 6, 2023.

  • The Court will hold a hearing on March 16, 2023 at 9:00 a.m. to decide whether to approve the Settlement. The Court may move the Final Approval Hearing to a different date or time without providing further Notice to the Class. The date and time of the Final Approval Hearing can be confirmed on this Settlement Website's Key Dates page. If the Settlement is approved, there may be appeals. The appeal process can take time. If there is no appeal, your settlement benefit will be processed promptly. Please be patient.

    Updates regarding the Settlement and when payments will made will be posted on this Settlement Website's Home page.

  • All Settlement Class Members can update their mailing address or other contact information by using the electronic Change of Address form. You can also request an update to your mailing address or other contact information by sending an email to info@KeyboardSettlement.com or by writing to In re MacBook Keyboard Litigation Settlement, c/o JND Legal Administration, PO Box 91341, Seattle, WA 98111.

    If you update your address by email or mail, you must include:

    • your name;
    • the case name: In re MacBook Keyboard Litigation Settlement;
    • your old mailing address for verification purposes;
    • your new address.
  • Yes. The Court appointed the law firms of Girard Sharp LLP and Chimicles Schwartz Kriner & Donaldson-Smith LLP to represent you and the other Settlement Class Members. These firms are called Class Counsel. You will not be charged for their services.

  • You do not need to hire your own lawyer, as Class Counsel is working on your behalf. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.

  • Class Counsel will ask the Court for an award of attorneys’ fees of up to 30% of the Settlement Fund, litigation expenses, and service awards to the Class Representatives of up to $5,000 each. The Court will determine these amounts. All of these amounts, as well as the costs associated with notice and administering the settlement, will be paid from the Settlement Fund.

    A copy of Class Counsel’s Motion for Attorneys’ Fees and Expenses and for Named Plaintiff Service Awards will be made available on the Important Documents page of this Settlement Website by January 6, 2023.

  • If you don’t want a payment from the Settlement and you want to keep your right, if any, to sue Apple on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “Opting Out” of—the Settlement Class.

  • You may Opt Out online by February 10, 2023 by clicking on the “Opt Out” tab and providing the requested information. You may also Opt Out by mailing the downloadable Opt Out form to the Claims Administrator at:

    In re MacBook Keyboard Litigation Settlement
    c/o JND Legal Administration
    P.O. Box 91341
    Seattle, WA 98111

     

    Opt Out requests must be submitted electronically or postmarked no later than February 10, 2023.

  • No. Unless you opt out, you give up the right to bring any other claim against Apple related to the subject matter of the claims in this case. You must exclude yourself from the Class if you want to try to pursue your own lawsuit.

  • If you opt out of the Settlement, you will not have any rights as a member of the Settlement Class under the Settlement; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on any claims against Apple related to the subject matter of the claims in this case at your own expense.

  • If you are a Settlement Class Member and do not opt out of the Settlement, you can ask the Court to deny approval of the Settlement by filing an objection. You can also object to the requested award of attorneys’ fees and expenses to Class Counsel or service awards to the Class Representatives. The Court will consider your views. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

    Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may (but are not required to) appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

    To object, you must file a document with the Court saying that you object to the proposed Settlement in In re MacBook Keyboard Litigation, No. 5:18-cv-02813-EJD (N.D. Cal.). Be sure to include:

    • Your full name, mailing address, telephone number, email address, and signature. If you are represented by counsel, you must include your counsel’s name, mailing address, email address, and telephone number.
    • Proof of membership in the Settlement Class;
    • A detailed statement of your objection, including all the grounds for the objection together with any evidence you think supports it;
    • A statement whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
    • A statement whether you or your counsel intends to speak at the Final Approval Hearing; and
    • A list of all cases in which you or your counsel (if you have counsel) has filed an objection to a class action settlement within the past five years.

    You can file the objection electronically at https://www.cand.uscourts.gov/cm-ecf or mail the objection by First Class U.S. Mail, so that it is submitted electronically or postmarked no later than February 10, 2023, to the following address:

    Clerk of the Court
    U.S. District Court for the
    Northern District of California
    280 South 1st Street
    San Jose, CA 95113
    Case No. 5:18-cv-02813-EJD

     

    If you do not mail or electronically file the objection, you must have it delivered in person to the Clerk of the Court address, no later than February 10, 2023.

  • Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and telling the Court that you don’t want to be part of the Settlement. If you Opt Out of the Settlement, you cannot object to it because it no longer affects you. You cannot both Opt Out and object to the Settlement.

  • The Court will hold a Final Approval Hearing on March 16, 2023, at 9:00 a.m. in Courtroom 4 of the San Jose Federal Courthouse, located at 280 South 1st Street, San Jose, CA 95113.

    At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to Settlement Class Members who have asked to speak at the hearing.

    The Court may also decide how much Class Counsel should receive in fees and expense reimbursements. After the hearing, the Court will decide whether to approve the Settlement.

    The Court may reschedule the Final Approval Hearing, or hold the hearing via Zoom Webinar, or change any of the deadlines described in the Notice. The date of the Final Approval Hearing may change without further notice to Class Members. Be sure to check the Home Page and the Key Dates Page, for news of any such changes. You can also access the case docket via the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.

  • No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you send an objection, you do not have to come to the hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.

  • You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include a statement in your written objection (see Question 22) that you intend to appear at the hearing. Be sure to include your name, address, and signature as well.

    You cannot speak at the hearing if you exclude yourself from the Class.

  • If you are a Settlement Class Member in Group 1 (multiple Topcase Replacements) and you do not exclude yourself from the Settlement, you will be mailed a payment. Please go to the Change Your Address page to verify or update your contact information.

    If you are a Settlement Class Member in Groups 2 or 3 (Single Topcase Replacement and Keycap Replacements, respectively), or if you did not receive a Notice, you must submit a valid claim to get a payment. If you do nothing, you’ll be a Settlement Class Member and you’ll get no money from this Settlement.

    If you are a Settlement Class Member in any group and you do not exclude yourself as explained in Question 19, you will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple related to the subject matter of this lawsuit or for any claims released by the Settlement Agreement.

  • Yes. The Notice summarizes the proposed Settlement—more details are in the Settlement Agreement and other case documents. You can get a copy of these and other documents on the Important Documents page, by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at any of the Court’s locations between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays:

    • Robert F. Peckham Federal Building and United States Courthouse, 280 South 1st Street, San Jose, CA 95113
    • Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102
    • Ronald V. Dellums Federal Building & United States Courthouse, 1301 Clay Street, Oakland, CA 94612
    • United States Courthouse, 3140 Boeing Avenue, McKinleyville, CA 95519
  • This website has answers to questions about the Settlement, and other information to help you determine whether you are eligible for a payment. You may also File a Claim on this website or download a Claim Form.

    You can also call the Claims Administrator at 1-855-579-1311 or write to them at:

    In re MacBook Keyboard Litigation Settlement
    c/o JND Legal Administration
    PO Box 91341
    Seattle, WA 98111

    Class Counsel can be reached using the following contact information: 

    • Simon S. Grille. Telephone; (415) 981-4800
    • Steve Schwartz. Telephone: (610)642-8500
  • If you received a Notice by mail, your Unique ID and PIN will be located inside the double postcard at the top. If you received Notice by email, your Unique ID and PIN will be located in the paragraph under, "How do I file a claim?"

For More Information

Visit this website often to get the most up-to-date information.

Mail
In re MacBook Keyboard Litigation Settlement
c/o JND Legal Administration
PO Box 91341
Seattle, WA 98111