Another 4 Class Actions have been filed Against Apple with one Lawsuit demanding $5 Billion for Apple's "Throttling Defect"
Another four class actions have been filed against Apple for product obsolescence. The one lawsuit focused on in this report is one from San Francisco, California, filed by 29 individuals who are demanding $5 Billion. The plaintiffs note in their filing that "Apple surreptitiously throttled the processor speeds of iPhones to mask the manifestation of sudden shutdowns that iPhones with degraded batteries were experiencing. Plaintiffs hereinafter refer to this surreptitious throttling – and its causes and impacts – as the "throttling defect." The San Francisco lawsuit alone lays out a whopping 27 counts / causes of actions against Apple. The other three class actions listed in this report were originally filed in New Jersey and California. The official Class Action count against Apple is now 48 with at least 5 foreign filings pending.
Causes for Action
Count 1: BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
Count 2: VIOLATION OF THE MAGNUSSON-MOSS WARRANTY ACT
Count 3: VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT
Count 4: TRESPASS TO CHATTELS
Count 5: UNJUST ENRICHMENT
Count 6: VIOLATION OF THE UNFAIR PRONG OF VARIOUS STATES' UNFAIR AND
DECEPTIVE TRADE PRACTICES STATUTES
Count 7: VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT
BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
Count 8: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
Count 9: VIOLATIONS OF THE CALIFORNIA UNFAIR COMPETITION LAW
Count 10: VIOLATION OF THE CALIFORNIA COMPUTER CRIME LAW,
Count 11: VIOLATION OF ALABAMA'S DECEPTIVE TRADE PRACTICES ACT
Count 12: VIOLATION OF ARIZONA'S CONSUMER FRAUD ACT
Count 13: VIOLATION OF ARKANSAS' DECEPTIVE TRADE PRACTICES ACT
Count 14: VIOLATION OF HAWAII'S DECEPTIVE TRADE PRACTICES ACT
Count 15: VIOLATION OF HAWAII'S CONSUMER PROTECTION ACT
Count 16: 13 VIOLATION OF THE DECEPTION PRONG OF ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICE ACT
Count 17: MARYLAND BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
Count 18: (VIOLATION OF THE DECEPTION PRONG OF THE MARYLAND CONSUMER PROTECTION ACT
Count 19: 13 VIOLATION OF THE UNFAIR PRONG OF THE MARYLAND CONSUMER PROTECTION ACT
Count 20: DECEPTIVE TRADE PRACTICES IN VIOLATION OF MICHIGAN CONSUMER PROTECTION ACT ("MCPA"), (MICHIGAN COMP. LAWS
Count 21: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
Count 22: 13 DECEPTIVE CONDUCT IN VIOLATION OF THE OHIO CONSUMER SALES PRACTICES ACT
Count 23: VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
Count 24: VIOLATIONS OF SOUTH CAROLINA'S CONSUMER PROTECTION CODE
Count 25: TEXAS BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
Count 26: VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT
Count 27: VIOLATION OF VIRGINIA'S CONSUMER PROTECTION ACT
For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple
Twenty-nine Plaintiffs From San Francisco File Class Action Against Apple by Jack Purcher on Scribd
The Other Three Class Actions Filed
With so many Class Actions filed against Apple, how will it finally go to court? To get an idea of what could happen, read this article titled "What Happens When Many Class Actions Are Filed about the Same Thing?" One example that the article uses is the class action against Anthem with over 100 class actions that were filed.
Class Action Reports Posted on this One Issue since December 22, 2017
32: Another 4 Class Actions have been filed Against Apple with one Lawsuit demanding $5 Billion for Apple's "Throttling Defect"
31: Class Actions against Apple over iPhone throttling have officially risen to 44 with another 5 pending in Foreign Countries
30: The Total of Class Actions filed against Apple to date has climbed to 40 as 5 new ones Surface from Miami, Chicago and San Jose
29: First Class Action-Like Lawsuit filed against Apple in Korea with a Massive one representing 370,000 iPhone owners in the Works – (total rises to 34 class actions).
28: With Two more Class Action Lawsuits filed against Apple for slowing iPhones, CNBC's Cramer says Apple has become a Punching Bag
27: Three new Class Action Lawsuits filed against Apple for Purposely Reducing iPhone Performance Raises the total to Thirty to Date
26: Class Actions #26 and #27 against Apple for Purposely Slowing iPhones were filed in Brooklyn and San Francisco
25: Class Action #25 against Apple for Purposely Slowing iPhones was filed in Missouri, with 4 Additional Foreign Filings on the way
24: iPhone Fans in San Jose seem to be Really Angry at Apple, as Class Action #24 marks the 3rd Filing made from there on Friday
23: Class Action #23 against Apple was filed in San Jose for Deceptively Slowing iPhones, a Practice Apple Competitors don't engage in
22: Class Action #22 against Apple was filed in San Jose California for Slowing iPhones by Misrepresentation and Deception
21: Class Action #21 against Apple was filed in Brooklyn for Intentionally Degrading the iPhone's Performance
20: Class Action #22 against Apple was filed in San Jose California for Slowing iPhones by Misrepresentation and Deception
19: Class Action #21 against Apple was filed in Brooklyn for Intentionally Degrading the iPhone's Performance
18: Class Action #20 against Apple is demanding $5 Billion for Purposely Slowing iPhones
17: The First Class Action against Apple in 2018 over slowing iPhones was filed in Cincinnati Ohio
16: Class Action #18 has been filed against Apple in Chicago for Purposely 'Throttling Processor Speed' to Induce sales of new iPhones
15: Class Action Lawsuits #16 and #17 against Apple over Purposely Slowing iDevices were filed in Mississippi and Missouri
14: Class Action #15 filed in Indiana Claims Apple Software Updates dramatically & artificially reduced performance of Legacy Devices
13: First Class Action from New Orleans Claims that Apple 'Designed Software Updates' to slow iPhones to Encourage New Sales
12: Despite Apple's Public Apology and Explanation over the Performance of Batteries, another Class Action was Filed Yesterday in San Jose
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)
Please note that it's been reported that lawsuits against Apple on this issue are in-the-works in France, South Korea, Australia, Israel and Canada in 2018, but are not presently official.
While not a Class Action, Italy's Consumer Watchdog Officially Launched Proceedings against Apple and Samsung Regarding Product Obsolescence on January 18, 2018.
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