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Apple to pay up to $14.4M in iPhone throttling settlement approved by B.C. judge

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A B.C. Supreme Court judge has approved a proposed settlement of up to $14.4 million from Apple to eligible members of a class-action lawsuit that accused the company of deliberately providing software updates that slowed some older iPhone models.

Apple, which denies the allegations, had earlier agreed to pay between $11.1 million and $14.4 million as part of the settlement. It says the settlement is not an admission of wrongdoing.

Depending on how many people apply for the settlement, claimants will receive between $17.50 and $150. They must provide a serial number for the impacted phone.

The settlement applies to residents in all provinces except for Quebec. Similar lawsuits were filed in Ontario, Saskatchewan and Alberta.

The judge ultimately decided that the proposed settlement was “fair, reasonable and in the best decision of the class,” said class counsel Michael Peerless in an interview with CBC News.

“Apple did the right thing and came forward and, in a sense, stood behind their product without making a legal admission that they did anything wrong. And that’s very normal” for a class action, Peerless said.

Apple customers who bought an iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7 or 7 Plus with iOS 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus, or SE) and/or iOS 11.2 or later (for iPhone 7 or 7 Plus) before Dec. 21, 2017 may be eligible for the settlement, according to a website representing the class action.

Class members who submit an approved claim form over the next few months, which will be available in the coming days, will receive a cash payment from Apple. The deadline to opt out of the class action was Jan. 10.

The claims administrator will have a search feature to help people confirm their eligibility, added Peerless. “Not only does Apple want that kind of evidence, but we do, and the court does as well, because we don’t want people to be able to make fraudulent claims,” he said.

A similar case in the U.S. saw the company settle with iPhone users whose devices were throttled by software updates, diminishing the phones’ performance and battery life.

The California case settlement range was between $310 million US and $500 million US.

CBC News has reached out to Apple for a statement.

Transparency concerns around software updates

Several people reacted favourably to the news while walking outside in downtown Toronto.

“I think it’s great because [Apple is] big enough, and they took all that money from other people. They should give it back,” said Vito Cosentino, who said he’s sure he had one of the impacted models but won’t have proof to claim the settlement.

Another pedestrian shared similar sentiments. “It’s not obviously a huge sum of money that’s being distributed, but I understand that there’s probably a ton of people who would be part of this lawsuit, so yeah … any amount helps,” Hannah Weinberg told CBC News.

Benjamin Tan, an assistant professor of electrical and software engineering at the University of Calgary, said that many companies have moved toward a new software update at least every month to fix bugs and add new features.

But those updates can include software which further degrades the phone, leading consumers to purchase a new model sooner than they would have otherwise.

“There’s a lot in the digital world that we don’t necessarily have full control over anymore, partly because the systems are really complicated,” said Tan.

Lack of clarity around software updates ’cause for concern,’ expert says

 

Benjamin Tan, an assistant professor at the University of Calgary with expertise in hardware security, says companies don’t always make it clear what they are doing in a software update, but urges people to pay attention and install them as they come.

“In this particular case, though, what was I think cause for concern was that companies don’t always make it very clear exactly what they’re updating,” he added.

“And when they don’t really advertise in advance that these might be some of the side effects that happen to address battery issues or security flaws or something, that’s usually [when] people say, ‘Hang on, what’s going on here? This wasn’t really anticipated.'”

‘Tucked away in the sock drawer’

Alex Sebastian, the co-founder and COO of Orchard, a Canadian company that resells used iPhones, said his customer service team noticed that there was an uptick in reported slowdowns among iPhone 6, 6S and 7 models after the iPhone 8 was introduced alongside iOS 11 in 2017.

“Customers were starting to call in to talk about their phone slowing down and asked what can be done about it, and the short answer is, there wasn’t a lot that we could do to help them out there,” Sebastian told CBC News.

“I think it’s pretty conservative to estimate that 10 million Canadians bought one of those generations of phones, so that’s 10 million potential claimants you have out there,” he said.

A man leans against a table where four iPhones are displayed.
‘Customers were starting to call in to talk about their phone slowing down and asked what can be done about it,’ said Alex Sebastian, the co-founder and COO of Orchard, a Canadian company that buys and sells used devices. (James Dunne/CBC)

At the time, iPhone users were upgrading their phones every 24 to 28 months on average, he said. Today, the turnover rate is more like 30 to 33 months.

Eligible claimants will be able to apply for a max of $150 from the settlement pool, which is more than the cost of replacing a battery on one of the impacted phone models today — and on par with what it would have cost to do so several years ago, according to Sebastian.

“I think there’s a lot of outcomes where claimants are not receiving the full $150, because there is an upper limit of $14[.4] million dollars on the entire settlement,” he said.

“I think that a lot of people probably have disposed of their phones by now. But there’s certainly going to be a meaningful proportion who have tucked it away in the sock drawer, that can go find that phone and pull the serial number off and make a claim here.”

 

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The #1 Skill I Look For When Hiring

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File this column under “for what it’s worth.”

“Communication is one of the most important skills you require for a successful life.” — Catherine Pulsifer, author.

I’m one hundred percent in agreement with Pulsifer, which is why my evaluation of candidates begins with their writing skills. If a candidate’s writing skills and verbal communication skills, which I’ll assess when interviewing, aren’t well above average, I’ll pass on them regardless of their skills and experience.

 

Why?

 

Because business is fundamentally about getting other people to do things—getting employees to be productive, getting customers to buy your products or services, and getting vendors to agree to a counteroffer price. In business, as in life in general, you can’t make anything happen without effective communication; this is especially true when job searching when your writing is often an employer’s first impression of you.

 

Think of all the writing you engage in during a job search (resumes, cover letters, emails, texts) and all your other writing (LinkedIn profile, as well as posts and comments, blogs, articles, tweets, etc.) employers will read when they Google you to determine if you’re interview-worthy.

 

With so much of our communication today taking place via writing (email, text, collaboration platforms such as Microsoft Teams, Slack, ClickUp, WhatsApp and Rocket.Chat), the importance of proficient writing skills can’t be overstated.

 

When assessing a candidate’s writing skills, you probably think I’m looking for grammar and spelling errors. Although error-free writing is important—it shows professionalism and attention to detail—it’s not the primary reason I look at a candidate’s writing skills.

 

The way someone writes reveals how they think.

 

  • Clear writing = Clear thinking
  • Structured paragraphs = Structured mind
  • Impactful sentences = Impactful ideas

 

Effective writing isn’t about using sophisticated vocabulary. Hemingway demonstrated that deceptively simple, stripped-down prose can captivate readers. Effective writing takes intricate thoughts and presents them in a way that makes the reader think, “Damn! Why didn’t I see it that way?” A good writer is a dead giveaway for a good thinker. More than ever, the business world needs “good thinkers.”

 

Therefore, when I come across a candidate who’s a good writer, hence a good thinker, I know they’re likely to be able to write:

 

  • Emails that don’t get deleted immediately and are responded to
  • Simple, concise, and unambiguous instructions
  • Pitches that are likely to get read
  • Social media content that stops thumbs
  • Human-sounding website copy
  • Persuasively, while attuned to the reader’s possible sensitivities

 

Now, let’s talk about the elephant in the room: AI, which job seekers are using en masse. Earlier this year, I wrote that AI’s ability to hyper-increase an employee’s productivity—AI is still in its infancy; we’ve seen nothing yet—in certain professions, such as writing, sales and marketing, computer programming, office and admin, and customer service, makes it a “fewer employees needed” tool, which understandably greatly appeals to employers. In my opinion, the recent layoffs aren’t related to the economy; they’re due to employers adopting AI. Additionally, companies are trying to balance investing in AI with cost-cutting measures. CEOs who’ve previously said, “Our people are everything,” have arguably created today’s job market by obsessively focusing on AI to gain competitive advantages and reduce their largest expense, their payroll.

 

It wouldn’t be a stretch to assume that most AI usage involves generating written content, content that’s obvious to me, and likely to you as well, to have been written by AI. However, here’s the twist: I don’t particularly care.

 

Why?

 

Because the fundamental skill I’m looking for is the ability to organize thoughts and communicate effectively. What I care about is whether the candidate can take AI-generated content and transform it into something uniquely valuable. If they can, they’re demonstrating the skills of being a good thinker and communicator. It’s like being a great DJ; anyone can push play, but it takes skill to read a room and mix music that gets people pumped.

 

Using AI requires prompting effectively, which requires good writing skills to write clear and precise instructions that guide the AI to produce desired outcomes. Prompting AI effectively requires understanding structure, flow and impact. You need to know how to shape raw information, such as milestones throughout your career when you achieved quantitative results, into a compelling narrative.

So, what’s the best way to gain and enhance your writing skills? As with any skill, you’ve got to work at it.

Two rules guide my writing:

 

  • Use strong verbs and nouns instead of relying on adverbs, such as “She dashed to the store.” instead of “She ran quickly to the store.” or “He whispered to the child.” instead of “He spoke softly to the child.”
  • Avoid using long words when a shorter one will do, such as “use” instead of “utilize” or “ask” instead of “inquire.” As attention spans get shorter, I aim for clarity, simplicity and, most importantly, brevity in my writing.

 

Don’t just string words together; learn to organize your thoughts, think critically, and communicate clearly. Solid writing skills will significantly set you apart from your competition, giving you an advantage in your job search and career.

_____________________________________________________________________

 

Nick Kossovan, a well-seasoned veteran of the corporate landscape, offers “unsweetened” job search advice. You can send Nick your questions to artoffindingwork@gmail.com.

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Politics likely pushed Air Canada toward deal with ‘unheard of’ gains for pilots

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MONTREAL – Politics, public opinion and salary hikes south of the border helped push Air Canada toward a deal that secures major pay gains for pilots, experts say.

Hammered out over the weekend, the would-be agreement includes a cumulative wage hike of nearly 42 per cent over four years — an enormous bump by historical standards — according to one source who was not authorized to speak publicly on the matter. The previous 10-year contract granted increases of just two per cent annually.

The federal government’s stated unwillingness to step in paved the way for a deal, noted John Gradek, after Prime Minister Justin Trudeau made it plain the two sides should hash one out themselves.

“Public opinion basically pressed the federal cabinet, including the prime minister, to keep their hands clear of negotiations and looking at imposing a settlement,” said Gradek, who teaches aviation management at McGill University.

After late-night talks at a hotel near Toronto’s Pearson airport, the country’s biggest airline and the union representing 5,200-plus aviators announced early Sunday morning they had reached a tentative agreement, averting a strike that would have grounded flights and affected some 110,000 passengers daily.

The relative precariousness of the Liberal minority government as well as a push to appear more pro-labour underlay the prime minister’s hands-off approach to the negotiations.

Trudeau said Friday the government would not step in to fix the impasse — unlike during a massive railway work stoppage last month and a strike by WestJet mechanics over the Canada Day long weekend that workers claimed road roughshod over their constitutional right to collective bargaining. Trudeau said the government respects the right to strike and would only intervene if it became apparent no negotiated deal was possible.

“They felt that they really didn’t want to try for a third attempt at intervention and basically said, ‘Let’s let the airline decide how they want to deal with this one,'” said Gradek.

“Air Canada ran out of support as the week wore on, and by the time they got to Friday night, Saturday morning, there was nothing left for them to do but to basically try to get a deal set up and accepted by ALPA (Air Line Pilots Association).”

Trudeau’s government was also unlikely to consider back-to-work legislation after the NDP tore up its agreement to support the Liberal minority in Parliament, Gradek said. Conservative Leader Pierre Poilievre, whose party has traditionally toed a more pro-business line, also said last week that Tories “stand with the pilots” and swore off “pre-empting” the negotiations.

Air Canada CEO Michael Rousseau had asked Ottawa on Thursday to impose binding arbitration pre-emptively — “before any travel disruption starts” — if talks failed. Backed by business leaders, he’d hoped for an effective repeat of the Conservatives’ move to head off a strike in 2012 by legislating Air Canada pilots and ground crew to stick to their posts before any work stoppage could start.

The request may have fallen flat, however. Gradek said he believes there was less anxiety over the fallout from an airline strike than from the countrywide railway shutdown.

He also speculated that public frustration over thousands of cancelled flights would have flowed toward Air Canada rather than Ottawa, prompting the carrier to concede to a deal yielding “unheard of” gains for employees.

“It really was a total collapse of the Air Canada bargaining position,” he said.

Pilots are slated to vote in the coming weeks on the four-year contract.

Last year, pilots at Delta Air Lines, United Airlines and American Airlines secured agreements that included four-year pay boosts ranging from 34 per cent to 40 per cent, ramping up pressure on other carriers to raise wages.

After more than a year of bargaining, Air Canada put forward an offer in August centred around a 30 per cent wage hike over four years.

But the final deal, should union members approve it, grants a 26 per cent increase in the first year alone, retroactive to September 2023, according to the source. Three wage bumps of four per cent would follow in 2024 through 2026.

Passengers may wind up shouldering some of that financial load, one expert noted.

“At the end of the day, it’s all us consumers who are paying,” said Barry Prentice, who heads the University of Manitoba’s transport institute.

Higher fares may be mitigated by the persistence of budget carrier Flair Airlines and the rapid expansion of Porter Airlines — a growing Air Canada rival — as well as waning demand for leisure trips. Corporate travel also remains below pre-COVID-19 levels.

Air Canada said Sunday the tentative contract “recognizes the contributions and professionalism of Air Canada’s pilot group, while providing a framework for the future growth of the airline.”

The union issued a statement saying that, if ratified, the agreement will generate about $1.9 billion of additional value for Air Canada pilots over the course of the deal.

Meanwhile, labour tension with cabin crew looms on the horizon. Air Canada is poised to kick off negotiations with the union representing more than 10,000 flight attendants this year before the contract expires on March 31.

This report by The Canadian Press was first published Sept. 16, 2024.

Companies in this story: (TSX:AC)

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Federal $500M bailout for Muskrat Falls power delays to keep N.S. rate hikes in check

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HALIFAX – Ottawa is negotiating a $500-million bailout for Nova Scotia’s privately owned electric utility, saying the money will be used to prevent a big spike in electricity rates.

Federal Natural Resources Minister Jonathan Wilkinson made the announcement today in Halifax, saying Nova Scotia Power Inc. needs the money to cover higher costs resulting from the delayed delivery of electricity from the Muskrat Falls hydroelectric plant in Labrador.

Wilkinson says that without the money, the subsidiary of Emera Inc. would have had to increase rates by 19 per cent over “the short term.”

Nova Scotia Power CEO Peter Gregg says the deal, once approved by the province’s energy regulator, will keep rate increases limited “to be around the rate of inflation,” as costs are spread over a number of years.

The utility helped pay for construction of an underwater transmission link between Newfoundland and Nova Scotia, but the Muskrat Falls project has not been consistent in delivering electricity over the past five years.

Those delays forced Nova Scotia Power to spend more on generating its own electricity.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.

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