Walter Peters v. Apple Inc.

Frequently Asked Questions

Why was this notice issued?
What is a class action?
What is the Lawsuit about?
Why is there a settlement?
How do I know if I am part of the settlement?
I’m still not sure if I am included in the Class. What should I do?
What does the settlement provide?
How much will the Class Payment be?
How do I get a Class Payment?
When will Class Payments be made?
What if I lose my settlement check?
What rights am I giving up to stay in the Class and get a Class Payment?
What are the Released Claims?
How can I request to opt out of the settlement?
If I opt out, can I still get a Class Payment from this settlement?
If I do not opt out, can I sue Apple for the same claims later?
Do I have a lawyer in this case?
How will Class Counsel be paid?
May I get my own lawyer?
How can I tell the Court that I do not like the settlement?
What is the difference between objecting and opting out?
When and where will the Court decide whether to approve the settlement?
Do I have to come to the final approval hearing?
May I speak at the final approval hearing?
What happens if I do nothing at all?
Are more details available?
Where can I locate my Payment ID and PIN?

Why was this notice issued?
A Court authorized this notice because you have a right to know about the proposed settlement of the Lawsuit and all of your options before the Court decides whether to approve the proposed settlement. This notice explains the Lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.

Judge Elihu M. Berle of the Superior Court of California, County of Los Angeles is currently overseeing this case and will decide whether to approve the settlement. The case is titled Walter Peters v. Apple Inc., No. 19STCV21787. The people who sued are called the “Plaintiffs.” The company they are suing is Apple Inc., which is called the “Defendant."
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What is a class action?
In a class action, one or more people called “Class Representatives” or “Plaintiffs” (in this case, Jeff Torres and Diana Ismailyan) sue on behalf of people who have similar claims. All these people are a “Class” and each is a “Class Members.” One court resolves the issues for all Class Members, except for those who opt out of the Class.
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What is the Lawsuit about?
Plaintiffs brought claims against Apple regarding its statements about its Family Sharing feature. Plaintiffs contend that Apple misrepresented to users their ability to use Family Sharing to share subscriptions to certain apps with other members of their Family Sharing groups.

Apple maintains that it did nothing wrong and denies that it made any misleading misrepresentations. Apple asserts numerous defenses to the claims in this case. The proposed settlement to resolve this Lawsuit is not an admission of guilt or any wrongdoing of any kind by Apple, and it is not an admission by Apple of the truth of any of the allegations in the Lawsuit.
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Why is there a settlement?
The Court has not decided in favor of the Class or Defendant. Instead, the Class Representatives and Defendant agreed to a settlement. This way, they avoid the cost, burden, and uncertainty of a trial, and the users allegedly affected can get benefits. The Class Representatives and their attorneys think the proposed settlement is best for all Class Members.

The Court preliminarily approved the proposed settlement as fair, reasonable, and adequate; authorized this notice; and scheduled a hearing to determine whether to grant final approval.
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How do I know if I am part of the settlement?
The Court has decided that everyone who fits the following description is a Class Member, and is thus included in the settlement:

All persons who initiated the purchase of a subscription to an app through the Apple App Store, excluding subscriptions to first-party Apple apps, during the period between June 21, 2015 and January 30, 2019, while enrolled in a Family Sharing group that had at least one other member at the time of the purchase, and who Apple’s records indicate were resident in the United States at the time of the purchase. Excluded from this Class definition are all employees, officers, or agents of Defendant Apple Inc. Also excluded from this Class definition are all judicial officers assigned to this case as well as their staff and immediate families.
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I’m still not sure if I am included in the Class. What should I do?
If you are still not sure whether you are included in the Class, you can visit the website www.PetersFamilySharingPlan.com, call toll-free 1-866-914-0236, or write to Peters v. Apple Class Action Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134, for more information.
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What does the settlement provide?
The Parties to the Lawsuit have agreed to a $25 million settlement (the “Gross Settlement Amount”). Apple will deposit the Gross Settlement Amount into an account controlled by the Settlement Administrator, a neutral company that the Court has appointed to send this notice, calculate and make payments, process Class Members’ opt-out requests, and perform other tasks necessary to administer the settlement.

After deducting any Court-approved attorneys’ fees and costs, incentive awards to the Class Representatives, and administrative and notice costs, the Settlement Administrator will determine the Class Payment that will be made available to Class Members in accordance with the description provided in the response to Question 8 below.

It is possible the Court will decline to grant final approval of the settlement or decline to enter a judgment. It is also possible the Court will enter a judgment that is reversed on appeal. Plaintiffs and Apple have agreed that, should either of these events occur, the settlement will be void: Apple will not pay any money and Class Members will not release any claims against Apple.
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How much will the Class Payment be?
Each Class Member that elects to receive a Class Payment will receive a pro rata distribution of the settlement, up to $30.00. The amount of the Class Payment will depend on the total number of Class Members who choose to receive a Class Payment and on the amount of Court-approved deductions from the Gross Settlement Amount.

Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement Amount, the amounts of which will be decided by the Court at the final approval hearing.
- Up to $8,333,333.33 (33 1/3% of the Gross Settlement Amount) to Class Counsel for attorneys’ fees and up to $2,000,000 for their litigation expenses. To date, Class Counsel have worked and incurred expenses on this case without payment.
- Up to $15,000 to each Class Representative as an incentive award for filing the Lawsuit, working with Class Counsel and representing the Class. An incentive award will be the only monies Class Representatives will receive other than the Class Representatives’ Class Payments, should they elect to receive Class Payments.
- Up to $2,000,000 to the Settlement Administrator for services administering the settlement.
Class Members have the right to object to any of these deductions. Apple may also object to Plaintiffs’ and/or Class Counsel’s requests for attorneys’ fees, litigation expenses, or incentive awards. The Court will consider all objections.
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How do I get a Class Payment?
If you received a notice indicating that Apple has determined that you may be a Class Member and do not opt out of the Class, you have the option of electing to receive a Class Payment by either check or ACH transfer. To receive a Class Payment, you must inform the Settlement Administrator by March 1, 2024 and let the Settlement Administrator know whether you elect to receive the payment by check or ACH transfer and the corresponding mailing address or banking information for the payment’s distribution. You can choose to receive a Class Payment by visiting www.PetersFamilySharingPlan.com. After the Court issues its final approval of the settlement, the Settlement Administrator will then issue a check that you can cash or will initiate an ACH transfer.

If you elect to receive a Class Payment by check, your check will show the date when the check expires (the “void date”). If you don’t cash your Class Payment by the void date, your check will be automatically cancelled, and the monies will be irrevocably lost to you because they will be paid to a non-profit organization or foundation authorized by the Court.

If you choose to receive a check and change your address, be sure to notify the Settlement Administrator as soon as possible. Question 26 of this notice has the Settlement Administrator’s contact information.
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When will Class Payments be made?
The Court will hold a hearing on July 17, 2024 to decide whether to grant final approval of the settlement. Class Payments will be distributed to Class Members after the Court grants final approval of the settlement and any objections are overruled with finality. The Court may also elect to move the final approval hearing to a different date or time in its sole discretion, without providing further notice to the Class. The date and time of the final approval hearing can be confirmed at www.PetersFamilySharingPlan.com.
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What if I lose my settlement check?
If you lose or misplace your settlement check before cashing it, contact the Settlement Administrator, who will replace it as long as you request a replacement before the void date on the face of the original check. If you do not request a replacement check before the void date, you will have no way to recover the Class Payment.
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What rights am I giving up to stay in the Class and get a Class Payment?
Unless you opt out, you will remain in the Class. If the settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Apple that is related to the subject matter of the claims in this Lawsuit. The rights you are giving up are called Released Claims, which are explained in Question 13.
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What are the Released Claims?
Each member of the Class who has not timely requested exclusion from the Class, and each of their respective successors, assigns, legatees, heirs, and personal representatives, will be deemed to have released Apple and its past, present, and future successors and predecessors in interest, subsidiaries, affiliates, direct or indirect parents, wholly or majority-owned subsidiaries, divisions, affiliated and related entities, partners and privities, and each of Apple’s past, present, and future officers, directors, shareholders, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, attorneys, insurers, and reinsurers, as well as each developer, marketer, and publisher of apps on Apple’s App Store, of all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, under any law including but not limited to any federal common or statutory law or any state’s common or statutory law, known or unknown, in law or equity, fixed or contingent, which they have or may have, reasonably arising out of, or reasonably relating to, the facts alleged in the Complaint, including but not limited to any alleged confusion regarding the ability to share subscriptions through Family Sharing.
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How can I request to opt out of the settlement?
To opt out, you must send a letter with the following information:
- Your full name, address, telephone number, and email address;
- A statement that you wish to opt out of the Class in Walter Peters v. Apple Inc., No. 19STCV21787; and
- Your signature
You can download a form to use for your opt-out request at www.PetersFamilySharingPlan.com

You must mail your signed opt-out request to:

Peters v. Apple Class Action Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134

Your opt-out request must be postmarked no later than March 1, 2024 or it will be invalid.

You must make the request yourself. If someone else makes the request for you, it will not be valid.
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If I opt out, can I still get a Class Payment from this settlement?
No. If you opt out, you are telling the Court that you don’t want to be part of the Class in this settlement. You can only get a Class Payment if you remain in the Class. See Question 9 for more information.
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If I do not opt out, can I sue Apple for the same claims later?
No. Unless you opt out, you are giving up the right to sue Apple regarding any claims that are related to the subject matter of the claims in this Lawsuit. You must opt out of this Lawsuit to have the ability to start or continue with your own lawsuit or be part of any other lawsuit against Apple related to the subject matter of the claims in this Lawsuit.
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Do I have a lawyer in this case?
Yes. The Court appointed the following attorneys to represent you as Class Counsel:

Justin F. Marquez and Thiago Coelho
Wilshire Law Firm, PLC
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010

You do not have to pay Class Counsel out of your own pocket. If you want to be represented by your own lawyer and have that lawyer appear in Court for you in this case, you may hire one at your own expense.
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How will Class Counsel be paid?
Class Counsel will ask the Court for an award of attorneys’ fees of up to $8,333,333.33 (33 1/3% of the Gross Settlement Amount) and up to $2,000,000 for their litigation expenses, as well as incentive awards of up to $15,000 to the Class Representatives. Class Counsel will move for both the incentive awards and for attorneys’ fees and costs, and the Court will determine the amounts to be awarded. All of these amounts, as well as the administrative and notice costs associated with the settlement, will be paid from the $25 million that the Parties settled for before making Class Payments to Class Members. Apple reserves the right to object to any motion, including for attorneys’ fees and costs or an incentive award, filed by Class Counsel. A copy of Class Counsel’s motion for attorneys’ fees and costs and for the Class Representatives’ incentive awards will be available at www.PetersFamilySharingPlan.com by February 2, 2024.
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May I get my own lawyer?
If you are in the Class, you are not required to hire your own lawyer because Class Counsel is representing you. However, if you want your own lawyer, you may hire one at your own expense. If you opt out of the settlement, you will no longer be represented by Class Counsel once the settlement is approved.
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How can I tell the Court that I do not like the settlement?
If you are a Class Member, you can tell the Court if there is something about the settlement that you do not like by submitting an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the proposed settlement. If the Court denies approval, no Class Payments will be sent out and the Lawsuit will continue.

You may object to the settlement in writing by sending written notice to the Settlement Administrator. All written objections and supporting papers must: (a) clearly identify the case name and number (Walter Peters v. Apple Inc., No. 19STCV21787); (b) include your full name, address, telephone number, and email address of your attorney (if you are represented by counsel); (c) state the grounds for the objection; (d) be mailed to the Settlement Administrator at Peters v. Apple Class Action Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134; and (e) be postmarked on or before March 1, 2024.

You may also appear and request to make an objection at the final approval hearing before the Court on July 17, 2024, either in person or through your lawyer, if you choose to retain your own lawyer. The Court may elect to move the final approval hearing to a different date or time in its sole discretion, without providing further notice to the Class. The date and time of the final approval hearing can be confirmed at www.PetersFamilySharingPlan.com.

Before deciding whether to object, you may wish to see what Plaintiff and Apple are asking the Court to approve. By February 2, 2024, Class Counsel and/or Plaintiffs will file in Court a Motion for Final Approval that includes, among other things, the reasons why they think the proposed settlement is fair. Also by February 2, 2024, Class Counsel and/or Plaintiffs will file in Court a motion stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses, and (ii) the amount the Class Representatives are requesting as an incentive award. Upon reasonable request, Class Counsel will send you copies of these documents at no cost to you. You can also view them on these documents on the settlement website at www.PetersFamilySharingPlan.com.
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What is the difference between objecting and opting out?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class (and do not opt out). Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you cannot object because the settlement no longer affects you.
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When and where will the Court decide whether to approve the settlement?
The Court will hold the final approval hearing on July 17, 2024, at 9:00 AM, at the Spring Street Courthouse, Department 6, 312 North Spring Street, Los Angeles, CA 90012. At this hearing, the Court will decide whether to approve the settlement, Class Counsel’s request for attorneys’ fees and costs, and any incentive awards to the Class Representatives. If there are objections, the Court will consider them. The Court may elect to move the final approval hearing to a different date or time in its sole discretion, without providing further notice to the Class. The date and time of the final approval hearing can be confirmed at www.PetersFamilySharingPlan.com.

If the Court approves the settlement and enters judgment, the Court’s order and notice of judgment will be available on the settlement website at www.PetersFamilySharingPlan.com.
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Do I have to come to the final approval hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to come to the final approval hearing at your own expense and ask the Court to speak. If you send an objection by mail, you do not have to come to the final approval hearing to talk about it, but you may do so if you like. You may also pay your own lawyer to attend, but that is not necessary.
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May I speak at the final approval hearing?
You may ask the Court for permission to speak at the final approval hearing. You can attend (or hire a lawyer at your expense to attend on your behalf) either personally or virtually via LACourtConnect (www.lacourt.org/lacc/).
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What happens if I do nothing at all?
If you are a Class Member and you do nothing, you will give up the rights explained in Question 13, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple related to the Lawsuit or for claims that in any way are related to the subject matter of the claims in this Lawsuit. You will not receive a Class Payment.
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Are more details available?
Visit the website at www.PetersFamilySharingPlan.com, where you will find the settlement agreement and other related documents. You may also call or write to the Settlement Administrator or Class Counsel using the information below.

Settlement Administrator:
Peters v. Apple Class Action Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
1-866-914-0236

Class Counsel:
Justin F. Marquez and Thiago Coelho
[email protected]
[email protected]
1-855-977-9094
Wilshire Law Firm, PLC
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010

You may also view Court documents filed in this case by going to the Court’s website at www.lacourt.org/casesummary/ui/index.aspx and entering the case number for this case, Case No. 19STCV21787. You can also make an appointment to personally review court documents in the Clerk’s Office at the Stanley Mosk Courthouse by calling (213) 830-0800. Do NOT telephone the Court to obtain information about the settlement.
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Where can I locate my Payment ID and PIN?
If you received an email notice, your Payment ID and PIN are located at the top left corner of the email. If you received a postcard notice, your Payment ID and PIN are located on the backside in the paragraph titled "What can you get from the settlement and how can you claim payment?"
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