Class Action #20 against Apple is demanding $5 Billion for Purposely Slowing iPhones
Class Action #22 against Apple was filed in San Jose California for Slowing iPhones by Misrepresentation and Deception

Class Action #21 against Apple was filed in Brooklyn for Intentionally Degrading the iPhone's Performance

1 COVER  class action report - #21 FILED IN BROOKLYN NY JAN 2018 - PATENTLY APPLE

 

Marc Honigman has filed Class Action #21 against Apple for purposely slowing iPhones in the New York District Court (Brooklyn). An additional four Class Action lawsuits are reportedly in-the-works in Canada, South Korea, Australia and France but are not official at this point in time.

 

Complaint In-Part

 

The followings excerpts are from Mr. Honigman's formal complaint before the court: "Apple has consistently represented that its iOS updates improve rather than hinder the performance and security of iPhone Devices. For example, Apple's website states: 'Keeping your software up to date is one of the most important things you can do to maintain your Apple product's security.' Thus, iPhone users are urged to update their devices to add vital security updates and bug fixes necessary for the iPhones to properly function. Users are essentially forced to make a 'choice' between leaving their personal data susceptible to hackers and identity thieves, or upgrade their iOS software which remedies serious security breaches. In essence, no reasonable consumer, including Plaintiff, would leave their iPhone vulnerable to security breaches by not upgrading to the new iOS version.

 

Plaintiff and Class members were unaware that Apple's iOS 10.2.1 and later updates were engineered to intentionally slow down the performance speed of iPhone Devices or that these updates otherwise had the effect of hindering the devices' functionality.

 

Apple's iOS download notifications and its statements on its website never disclosed to consumers that the slowdown and reduced functionality of older iPhone devices was a planned result of iOS updates. Nor did Apple inform consumers that the shutdown bug that impacted many iPhone Devices might be remedied by replacing the battery in affected devices and avoiding the download of new iOS versions. Battery replacement at the Apple store costs less than $100, whereas the cost to upgrade to a new iPhone can range between $200 to $1,000, depending on the model.

 

Nothing on Apple's website or in its iOS notifications informed consumers of the deleterious impact that iOS software may have on the devices.

 

Apple's intentional degradation of the iPhone Device's performance through the release of iOS impacted the usability of Plaintiff and the Class members' devices. Effectively, Apple has forced the obsolescence of Plaintiff and Class member's iPhones by secretly diminishing their performance.

 

Causes for Action

 

Count 1: Violations of §349 of New York General Business Law: Deceptive Acts and Practices Unlawful

Count 2: Violations of §350 of New York General Business Law: False Advertising

Count 3: Breach of Express Warranty

Count 4: Negligent Misrepresentation

Count 5: Intentional Misrepresentation

Count 6: Unjust Enrichment  

   

For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple

 

Marc Honigman Files Class Action Against Apple by Jack Purcher on Scribd

 

 Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017

 

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 and Canada in 2018, but are not presently official.

 

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