Plaintiffs from two separate class-action lawsuits claim Apple did not have user consent to slow iPhone performance and that it was forcing new purchases
by Samuel Gibbs
December 22, 2017
Apple is facing lawsuits over the revelations that it intentionally slows down older iPhones without user consent.
Apple has admitted to slowing down the iPhone 6, 6S, 7 and SE when their batteries are either old, cold or have a low charge to prevent abrupt shutdowns.
Two separate class-action lawsuits were filed Thursday, brought by plaintiffs in California and Illinois, arguing that Apple did not have consent to slow down their iPhones.
Two people from Chicago, along with residents of Ohio, Indiana and North Carolina, claim that Apple’s iOS updates were “fraudulently forcing iPhone owners to purchase the latest model offered by Apple.”
“Apple purposefully and knowingly released operating system software updates to iPhone 5, iPhone 6 and certain iPhone 7 phones that slowed the performance speeds of the central processing units (‘CPUs’) of these devices,” said the plaintiffsin a filing in the Northern District of the State of Illinois. “Apple’s software updates purposefully slowed or ‘throttled down’ the performance speeds of iPhone 5, iPhone 6, certain iPhone 7 phones and as yet unknown versions of iPhones because operating system software updates wreaked havoc on batteries within these model devices.”
James Vlahakis attorney for the plaintiffs told the Chicago Sun Times: “Corporations have to realise that people are sophisticated and that when people spend their hard-earned dollars on a product they expect it to perform as expected.
“Instead, Apple appears to have obscured and concealed why older phones were slowing down.”
Read Much More HERE
I haven’t owned an iPhone for a couple of years but the biggest pain was the constant nagging involved in getting the OS updated and then when you update there isn’t much apparent difference.
Really? Should we be surprised?
If we read the full story it shows Apple claims to have good reason for this practice. We shall see.
I have no doubt this Class Action Lawsuit will gain momentum and Apple will suffer loss of reputation, sales will suffer, and if they cannot prove their case and successfully defend their actions the company could lose $Billions.
It will be very interesting to see how this unfolds, perhaps there could even be a negotiated settlement with the Class Action Group and offered to the “Great Unwashed” which would still mean at least a few $Billion Dollars Haircut for Apple.
Even if Apple are able to defend themselves successfully in the Class Action Suit Apple will still lose in the “Court of Public Opinion” and that will damage The Company in a major way.
This is definitely a “No Win” for Apple.
The next dumbest move by a major corporation might have been a decade or two ago when Coke decided it was time to proudly announce it was introducing a new and improved version of its iconic beverage.
I dont own an apple phone but if I did I would be pissed.
These class action suits usually settle out of court for what sounds like mega amounts. For the actual product user or affected Apple shareholder (they sue, too, for the company not forseeing the litigation) it’s usually cents on the dollar…often very few pennies. That’s IF they file proof of product ownership (users) or stock-purchase confirmations ( shareholders). Meanwhile, plaintiffs’ lawyers leave the legal battlefields happy. They normally take one-third off the top, plus extra to reimburse for expenses.
Meanwhile, a few diehards keep their old Blackberries in perfect working order. These loyalists love the keyboards but also believe BlackBerry (formerly Research In Motion) has a vastly more secure network of global servers than Apple, Nokia and other big players. Once the successor to (ill-fated) Nortel as Canada’s stock darling—often a dubious and dangerous ‘honour’—BlackBerry is slowly getting traction as a turnaround story. They’ve abandoned physical phones. Instead, they license out the name and robust operating software (aided by the servers) to former rivals. The firm is also in the hunt for in-car communications, including pilot projects for “driverless” vehicles.
As I stated up the page, it will more than likely result in a negotiated deal with the Class Action People.
I am one of those that likes the BB Keyboard and the new Android works just fine for my needs.
I do not support Anything Apple unless it is necessary and quite often the Apple Product fits my needs better than others.
Many others in the company use Apple Products when they find necessary.
As a matter of fact I just took delivery of my latest B.B.!
Ill never part with my rotary Nokia!
The company I drive for uses smart phones to dispatch the fleet. Pretty much an illegal way to do business. Having said that they just put everyone in jeopardy Yup, they just issued everyone a brand new (the Ford Pinto of cell phones) the Samsung Galaxy S7 flame thrower..
Hey, 13! The Pinto reference reminds me of a long ago, late-1970s editorial cartoon in the Vancouver Sun. A wife gushes thanks to her husband over his gift: “Oh my, a Ford Pinto with Firestones!” The hubby can barely disguise his smirk.
Can’t remember if Len Norris or Roy Peterson drew it, but the comic perfectly sent up two of the biggest corporate scandals of that time—the gas-tank-exploding Ford Pinto and the blow-out prone Firestone 500 tires.