In response to PCVA’s Error 53 lawsuit, and based on our understanding of conversations with Apple’s attorneys today, Apple has released an iOS update addressing Error 53 and unbricking affected devices (without restoring Touch ID functionality). While we have not seen any details, Apple also indicated it will offer some sort of “compensation” for people who have had to spend money trying to fix the problems caused by Error 53. Without the details at this point, we cannot tell whether the amounts to be offered will be fair to the customers but we look forward to reviewing the offer and providing our thoughts about it. Apple specifically has stated that customers who paid for an out-of-warranty replacement of their device should contact AppleCare about a “reimbursement.” However, before installing the iOS update or accepting any compensation offered to you by Apple, you should carefully review the terms of the update or compensation. Installing the update or accepting any compensation may limit or eliminate your ability to pursue claims against Apple in the event that the update or compensation is inadequate to address the harms you have suffered as a result of Error 53.
As to the lawsuit, Apple has said through its attorneys that it would like to resolve the claims soon without prolonged litigation.
Once the details of a compensation package or formal settlement proposal are offered, we will quickly review them and offer our thoughts regarding whether they fully address the issues posed by Error 53 and whether they adequately compensate all affected customers. However, we are pleased to have prompted this quick and promising development for all our clients and will provide more details as they emerge.