First Class Action from Texas Claims that Apple Intentionally Designed Software Updates to Slowdown iPhones
Most of the Class Action lawsuits filed against Apple thus far have stemmed California or New York. Today the first Class Action lawsuit was filed in Chicago and now the first lawsuit from Texas by Mark Miller, Chris Spearman and Craig Stanford. The group claims that Apple Intentionally Designed Software Updates to Slowdown iPhones.
Late this afternoon Apple posted a Message on their Home Page titled "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 Mark Miller, Chris Spearman and Craig Stanford begins with the 'Nature of the Action' as follows in full:
"Apple promised that its recent iOS 10 and iOS 11 software updates to the iPhone 6 and iPhone 7 models would improve those devices' performance and it strongly encouraged its customers to accept those updates. But Apple didn't tell its customers that it had intentionally designed those software updates to slow the devices' processing speed to correct a battery defect. Apple then happily took its customers' money when the customers, dissatisfied with their now-slower devices, purchased new and more expensive iPhones. Apple came clean only this month under public pressure, admitting its software updates slowed processor speed. Now Plaintiffs and Class Members must either purchase new phones for hundreds, if not thousands, of dollars or continue to struggle with their slowed devices.
Plaintiffs assert a class action on behalf of owners of the iPhone SE, iPhone 6, iPhone 6s, iPhone 6 Plus, iPhone 6s Plus (collectively, the "iPhone 6"), and the iPhone 7 and iPhone 7 Plus software to iOS 10.2.1, 10.3, 10.3.1, 10.3.3 (the "iOS 10 Update") and to iOS 11.0.1, 11.02, 11.03, 11.1.1, 11.1.2, 11.2, and 11.2.1 (the "iOS 11 Update," and collectively, the "iOS 10 and iOS 11 Updates")—those updates were released between January 23, 2017 and December 13, 2017."
Three Causes of Action
Count 1: Fraudulent Omission
Count 2: Negligent Misrepresentation/Omission
Count 3: Tortious Interference with Property Rights
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
11: First Class Action from Texas Claims that Apple Intentionally Designed Software Updates to Slowdown iPhones
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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