First Class Action against Apple from Chicago Surfaces Claiming 'Intentional Sabotage of Older Model iPhones'
Most of the Class Action lawsuits filed against Apple thus far have stemmed California or New York. Today Sean Neilan's Class Action has come to light from Chicago. The lawsuit lists five counts against Apple. Neilan seeks "to recover damages stemming from Apple's unlawful, unconscionable, and intentional sabotage of older model iPhones. The Neiland Class Action is Demanding $9,999,000.
Even though Apple has just posted "A Message to Our Customers about iPhone Batteries and Performance," this is unlikely to stop the flow of Class Action lawsuits that are still streaming in. Earlier Today Patently Apple posted a report on a lawsuit filed in France and others from South Korea will be filed over the next two months.
Nature of the Action
The Class action filed by Sean Neilan begins with the Nature of the Action as follows in full:
"To induce consumers to purchase newer model iPhones, Apple purposefully throttled the processing speed of iPhone 6, iPhone 6 Plus, iPhone 6S, iPhone 6S Plus, iPhone SE, iPhone 7 and iPhone 7 Plus ("Affected iPhones"), intentionally making the phones unnecessarily slow at ordinary tasks like opening apps, updating apps, loading web pages, and responding to inputs like scrolling and swiping.
The slowness is tied, at least in part, to diminishing battery condition, which is a function of the iPhone's age and use, the quality of design and manufacturing, and external conditions such as temperature. As Apple is aware, consumers do not ordinarily associate diminishing battery condition with slower processing speeds. And iPhone users do not address the real issue by replacing the battery, a solution that Apple intentionally obscures and deters. Instead, they purchase the new model iPhone that seemingly runs a lot faster and smoother––that is, until the battery's condition triggers the software to throttle the phone again. Apple deprived owners of the affected iPhones of the performance to which they are entitled.
Plaintiff brings this class action on behalf of buyers of Affected iPhones, and alleges claims for Apple's violation of Illinois' and others states' consumer protection laws and prohibitions on unfair and deceptive business practices, trespass to chattels, breach of the covenant of good faith and fair dealing, and its violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, to recover damages stemming from Apple's unlawful, unconscionable, and intentional sabotage of older model iPhones."
Five Counts against Apple
Count 1: (Illinois Class) Illinois Consumer Fraud And Deceptive Business Practices Act
Count 2: (Illinois Class) Trespass to Chattels
Count 3: (Illinois Class) Breach of the Covenant of Good Faith and Fair Dealing
Count 4: (National Class) Computer Fraud and Abuse Act
Count 5: (Illinois Class) Illinois Computer Crime Prevention Law
The Neiland Class Action is Demanding $9,999,000 as noted from the graphic below directly from the Court Docket.
For more details of this case, review the full Class Action lawsuit filing below provided to you courtesy of Patently Apple.
Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017
10: First Class Action against Apple from Chicago Surfaces Claiming 'Intentional Sabotage of Older Model iPhones'
09: Apple Hit with a Lawsuit over Slowing iPhones in France and a Pair of Law Firms in Korea are Preparing Class Actions
08: The 10th Class Action against Apple Claims they Fraudulently Omitted Information about the Battery Issue in order to sell new iPhones
07: The 9th Lawsuit against Apple for Purposely slowing iPhones Points to Fraud, Unjust Enrichment and 9 other Causes for their Class Action
06: The 7th and 8th Class Action Lawsuits have been filed in New York and California with one Suit demanding an insane $999 Billion Payout
05: Apple Hit with a $125 Million Class Action in Israel over Purposely Slowing iPhones
04: Apple hammered with Class Action #5 for slowing iPhone Battery Issue
03: The Fourth Lawsuit against Apple regarding the slowing iPhone Battery Issue was filed in New York on Friday
02: Apple has been hit with a Third Battery Issue Related Lawsuit by a Bay Area Resident
01: In the Blink of an Eye, Apple's Admission of Slowing Batteries on Older iPhones turns into a Class Action Lawsuit (this report covers two class action lawsuits)
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