The 9th Lawsuit against Apple for Purposely slowing iPhones Points to Fraud, Unjust Enrichment and 9 other Causes for their Class Action
The last of the first wave of Class Action lawsuits filed against Apple since Friday over the issue of purposely slowing iPhones has now risen to nine. This last lawsuit was filed in San Francisco by Michael Hakimi. His lawsuit's introduction states the following:
"Plaintiff brings this action individually and on behalf of all similarly situated persons who purchased an iPhone 6, 6S, SE and 7 models ("Covered iPhones").
Apple has now conceded that it pushed out software updates to consumers' Covered iPhones that limit the speed and performance of these devices thereby causing significant slow performance , dropped calls, and excessive battery drain (the '·Defect"). But this was never II disclosed to its consumers.
As a result of Apple's conduct, millions of consumers may believe that the Covered iPhones have become obsolete and deceived into upgrading to the newest iPhone models – the iPhone 8 and/or i Phone X.
Hakimi's lists nine causes for their Class Action lawsuit, the most by any of the lawsuits to date, as follows:
01: Strict Products Liability
02: Negligence – Products Liability
03: Violation of the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.)
04: Unfair Competition (Bus. and Prof. Code § 17200 et seq.)
05: Breach of Express Warranty under the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
06: Breach of Express Warranty
07: Breach of the Implied Warranty of Merchantability
08: Breach of Implied Warranty of Fitness for a Particular Purpose
09: Violation of California's False Advertising Laws
11: Unjust Enrichment
Unlike some of the cases that we've covered recently, the Hakimi lawsuit doesn't list a dollar amount that they're seeking from Apple.
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
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)
Considering that this is the last week of the year, it's very possible that more lawsuits will race to be entered with the courts. Will this be the last Class Action lawsuit to be filed in 2017? Only time will tell.
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Side Note: Our reference made on our Tweet and Facebook entries is from the Beatles White Album, Revolution 9: Number 9, Number 9, Number 9