Frequently Asked Questions

The name of the lawsuit is Orshan et al. v. Apple Inc., and it is pending in the United States District Court for the Northern District of California (Case No. 5:14-cv-05659-EJD).  In the lawsuit, Plaintiffs claim that Apple sold 16 GB iPhones and iPads with a preinstalled operating system, iOS 8 which occupied approximately 3 GB of their device’s 16 GB storage capacity.  Plaintiffs allege that Apple’s advertising led consumers to believe they would have all 16 GB of storage capacity for their personal use.  You can read Plaintiffs’ Complaint here.

Apple denies that it did anything wrong and has asserted many defenses to the claims in this case.  At this point in the lawsuit, the Court has not found that Apple engaged in any wrongdoing.  Apple’s answer to the operative Complaint is here.

Plaintiffs are asking the Court to award Class members monetary damages to compensate them for Apple’s alleged misrepresentations and omissions concerning the approximately 3 GB of storage capacity occupied by iOS 8.  Apple disputes that Plaintiffs are entitled to any monetary damages.

The Court has not decided whether Apple or Plaintiffs are correct.  By granting class certification and issuing this Notice, the Court is not suggesting that Plaintiffs will win or lose this case.  Plaintiffs must prove their claims at a trial or through a pretrial motion.  A trial date has not yet been set.

In a class action lawsuit, one or more people called the “plaintiffs” sue on behalf of themselves and other people who have similar claims.  In certifying a class, the Court appoints the plaintiffs to serve as “class representatives.”  For the purposes of a class action lawsuit, one court will resolve the issues for all class members, except for those people who properly exclude themselves from the lawsuit, as described below.

The Court has certified a Class consisting of all persons who purchased a new 16GB iPhone or iPad, with iOS 8 preinstalled, in California between September 17, 2014, and September 30, 2016.  If you did so, and do not request to be excluded, you are a member of the Class.

Yes.  The Class excludes the lawyers for Plaintiffs (“Class Counsel”), any employees of Class Counsel, Apple, its parents, subsidiaries, affiliates, officers and directors; any entity in which Apple has a controlling interest; governmental entities; and all judges assigned to hear any aspect of this litigation, as well as their staff and immediate family members.  The Class will also exclude anyone who properly requests to be excluded (see below).

If you are still not sure whether you are a member of the Class, you can get free help by calling or writing to the lawyers in this case at the phone number or address listed here.

Please do not call the Court.

If you do nothing, you will stay in the Class.  If you stay in the Class and Plaintiffs obtain money or benefits, you will be notified about how to apply for a share.  By staying in the Class, you will also be legally bound by all of the orders the Court issues and the judgment the Court makes in this lawsuit.  If you do nothing now, regardless of whether Plaintiffs win or lose, you will give up your right to sue or continue to sue Apple as part of any other lawsuit about the same legal claims in this lawsuit.

To exclude yourself from the Class, you must do one of the following:

(a) mail a completed copy of the Exclusion Request Form, postmarked by January 29, 2026, to the following address:

Apple iOS 8 Litigation
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN 55317-2010

or

(b) mail a letter to the address above, postmarked by January 29, 2026, which states (a) your name and mailing address, (b) the make, model, and storage capacity of your iPhone or iPad, (c) when and from which company you purchased your iPhone or iPad, (d) the serial number(s) of your iPhone or iPad, (e) that you believe you are a Class member and you wish to be excluded from the Class, and (f) the name and case number of this case (Orshan et al. v. Apple Inc., No. 5:14-cv-05659-EJD).

The Court has appointed Plaintiff Kye Weasner to represent the Class, and the law firms Handley Farah & Anderson PLLC, Audet & Partners, LLP, Baron & Herskowitz, Cuneo Gilbert & LaDuca, LLP, and Lockridge Grindal Nauen PLLP as Class counsel (“Class Counsel”) to represent you and other Class members.  The attorneys’ contact information is listed here.

If you wish to remain a Class member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.  You may make an appearance in the case through another attorney at your own expense if you choose.  If you wish to pursue your own case separate from this one, you will need to file a request for exclusion.  If you do so, you will need to decide whether to hire your own attorney.

Class members are being represented on a contingency fee basis.  That means they do not incur any up-front legal fees or out-of-pocket expenses, but if Class Counsel get money or benefits for the Class, they will request that the Court approves an award of attorneys’ fees and reimbursement of expenses.  They also may ask for incentive awards for the Class Representatives.  If approved, these fees, expenses, and incentive awards will be paid as part of any settlement or judgment obtained for the Class.

As long as the case isn’t resolved by a settlement or otherwise, Plaintiffs will have to prove their claims against Apple at a trial.  The trial date is not yet scheduled.  To check on the status of the trial date, please check this website. During the trial, the Court or a jury will hear all of the evidence to help them reach a decision about whether Apple or Plaintiffs are right about the claims in this lawsuit.  There is no guarantee that Plaintiffs will win, or that they will get any money or other benefits for the Class.

No, you do not need to attend the trial.  Class Counsel will present the case for Plaintiffs and the Class, and Apple will present its defenses.

If you have any questions, you may contact Class Counsel listed below or the Class Action Administrator. Certain case documents are available here.

Court Appointed Class Counsel

WILLIAM H. ANDERSON
HANDLEY FARAH & ANDERSON PLLC
5353 Manhattan Circle, Suite 204
Boulder, CO 80303
Telephone: (303) 800-9109
wanderson@hfajustice.com

MATTHEW K. HANDLEY
HANDLEY FARAH & ANDERSON PLLC
1201 Connecticut Avenue, NW, Suite 200K
Washington, DC 20036
Telephone: (202) 559-2411
mhandley@hfajustice.com

NICHOLAS J. JACKSON
REBECCA P. CHANG
HANDLEY FARAH & ANDERSON PLLC
33 Irving Pl.
New York, New York 10003
Telephone: (347) 826-1308
njackson@hfajustice.com
rchang@hfajustice.com

MICHAEL MCSHANE
LING Y. KUANG
AUDET & PARTNERS, LLP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 568-2555
Facsimile: (415) 568-1776
mmcshane@audetlaw.com
lkuang@audetlaw.com

ROBERT K. SHELQUIST
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone 612-339-6900
rkshelquist@locklaw.com

JON M. HERSKOWITZ
BARON & HERSKOWITZ
9100 S. Dadeland Blvd., Suite 1704
Miami, FL 33156
Telephone: (305) 670-0101
Facsimile: (305) 670-2393
jon@bhfloridalaw.com

CHARLES J. LADUCA
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Avenue, NW
Washington, DC 20016
Telephone: (202) 789-3960
Facsimile: (202) 789-1813
charlesl@cuneolaw.com

Please do not call the Court.