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