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Another 4 Class Actions have been filed Against Apple with one Lawsuit demanding $5 Billion for Apple's "Throttling Defect"

1 X Cover Class Action $5 Billion against Apple  San Fancisco lawsuit  Patently Apple

(Click on Image to Enlarge)

 

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

 

2  2018 XX -  5 billion class action

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

 

3 - Three Other Class Actions filed against Apple - jan 18 and 19  2018  Patently Apple report

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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