Unsurprisingly, Apple is being sued for slowing down older iPhones

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After Apple issued a statement yesterday admitting that certain iOS updates deteriorated performance on older iPhones in order to 'smooth out' battery usage and as a result of other related power management features, the company is now being sued as part of a class action lawsuit.

Filed by Los Angeles residents Stefan Bogdanovich and Dakota Speas, the lawsuit claims Apple's decision to slow down the performance of older iPhone models presented a breach of agreement, as the company had failed to acquire prior consent from the user for doing so or informed him of such. The filing reads:

After Apple issued a statement yesterday admitting that certain iOS updates deteriorated performance on older iPhones in order to 'smooth out' battery usage and as a result of other related power management features, the company is now being sued as part of a class action lawsuit.


A tangential component of the lawsuit may also accuse Apple of using the slower performance on older phones as a tactic to encourage owners of older models to upgrade to the latest iPhone. While the reaction to Apple's statement has oscillated from outrage to understanding, a call for greater transparency and the acute lack of consumer choice were consistent themes in the resulting fallout and these may provide some merit to the legal complaint.

The two plaintiffs, if successful in proving the need for a trial, are also seeking California and nationwide class action certification, which would automatically include all persons residing in the U.S. who own an iPhone 7 or earlier models.

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Source: https://www.neowin.net/news/unsurprisingly-apple-is-being-sued-for-slowing-down-older-iphones

Comments

"Unsurprisingly, Apple is being sued for slowing down older iPhones" :: Login/Create an Account :: 15 comments

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CykaPosted:

Well my friend told me about this awhile aback, i never thought it was true honestly, i thought he was messing with me.

NasyrPosted:

Famous If they win, they can take a lot from Apply, why didn't I think of this.


Well if you were going to sue Apple maybe, but Apply I'm not too sure :P

GhostPosted:

iPhone 5s, gotta be the slowest phone ever.

FamousPosted:

If they win, they can take a lot from Apply, why didn't I think of this.

FlachbauPosted:

I know a lot of people had concerns about this before it even blew up recently. At least it's confirmed now.

junoPosted:

I have the 6 so hopefully something is done, or I'll switching!

315Posted:

MushroomElm
Potion Nothing will happen. Apple has all the money in the world to sway the justice system however they please.


Breach of contract is break of contract. If it goes to a Jury trial, the majority of people will be pissed to learn that companies like Apple force old phones to slow down to get people to buy the newer models every year.

Apple doesn't have much of a chance, in my opinion, if they can prove this. But it won't be some multi-million dollar payout either. I would guess, since it's just 2 people suing, that only a couple hundred thousand each sounds about right..



Prolly for the main people filing the lawsuit it could possibly be only a couple hundred thousand but for Apple, this could cost them a lot of money if they lose. In most cases they have to reimburse people for their loses. Average iPhone costs $750 give or take, and if the average person is like me, I have bought almost each iPhone since iPhone 3G
So that would put me at 7 iPhones since 2009. So while I wouldn't get hundred of thousands, if the people suing can prove that Apple has been slowing down iPhones since the beginning of time, the payout should be pretty decent imo.

S7Posted:

i shouldnt say im surprised the rumors just might be true XD

TTGPosted:

I hope I get some money, my iPhone 4s seems slower lol

MushroomElmPosted:

Potion Nothing will happen. Apple has all the money in the world to sway the justice system however they please.


Breach of contract is break of contract. If it goes to a Jury trial, the majority of people will be pissed to learn that companies like Apple force old phones to slow down to get people to buy the newer models every year.

Apple doesn't have much of a chance, in my opinion, if they can prove this. But it won't be some multi-million dollar payout either. I would guess, since it's just 2 people suing, that only a couple hundred thousand each sounds about right..