On Friday Patently Apple posted a report titled "In the Blink of an Eye, Apple's Admission of Slowing Batteries on Older iPhones turns into a Class Action Lawsuit." The report actually covered two lawsuits. Late on Friday Apple was sued for the third time on the same battery issue in the federal Northern District Court in San Francisco by plaintiff Keaton Harvey.
Harvey states in his lawsuit that he saw his iPhone 6 shut down unexpectedly and become extremely sluggish, and ultimately replaced it with a newer phone for more than $1,000, according to the complaint. While Apple did have a free battery replacement program in November 2016, it was limited only for iPhone 6s and 6s Plus.
One complaint found in the lawsuit states: "Plaintiff is informed and believes that Apple was aware of a defect in his affected iPhone at the time he purchased a new one, and not only failed to disclose what it knew, but made deliberately misleading statements that were intended to conceal the nature and scope of that defect."
In part the lawsuit further noted: "Plaintiff has brought this action on behalf of himself and all others similarly situated to require Apple (a) to modify iOS in a manner that prevents it from slowing the performance of Affected iPhones; (b) to provide owners of Affected iPhones with notice that the slow performance of those devices is caused by modifications Apple made to iOS; (c) reimburse current owners of Affected iPhoneswith the purchase price they paid for those devices after Apple knew, but failed to disclose, the existence of the battery defect and the slow performance caused by the iOS modification; (d) to compensate current and form owners of Affected iPhones for the costs they incurred in attempting to repair or replace their Affected iPhones due to the battery defect and/or the slow performance caused by the iOS modification; (d) to provide current owners of Affected iPhones with new batteries for those devices free of charge; and (e) to compensate former owners of Affected iPhones for the cost of replacing those devices prematurely or, alternatively, to provide former owners with the opportunity to return their replacement iPhones in exchange for a refund together with the model of Affected iPhone (with a new battery) that they owned prior to replacing that device."
The full lawsuit filing is provided to you below courtesy of Patently Apple.
Patently Apple found a quote from Harvey's attorney in a Mercury News report today which stated: "Our case is simple. The crux of the case is Apple knew there was a problem and that they chose a software solution for a hardware problem to prevent a recall. It was a no-lose situation for Apple."
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