Class Action #22 against Apple was filed in San Jose California for Slowing iPhones by Misrepresentation and Deception
John Solak has filed Class Action #22 against Apple for purposely slowing iPhones in the District Court of Northern California, San Jose. 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.
In Mr. Solak's formal complaint before the court, he stated in his introductory commentary in-part that "Apple markets its iPhones as premium products with remarkably fast processors and epic performance. Each year, millions of American consumers bite—so many, in fact, that they have made Apple the most valuable company in the world.
Like every vendor, Apple has duties of truthfulness and candor to its customers. It also has the duty not to purposely degrade the performance of its customers' phones, and certainly not without their knowledge or permission.
Yet Apple has violated these duties by arrogating to itself the right to throttle the performance of millions of iPhones under at least three common conditions, such that its behavior will likely affect millions of consumers. What's more, Apple acted by misrepresentation and deception. Consumers did not know of, or consent, to Apple's decision to slow their devices.
Causes for Action
Count 1: TRESPASS TO CHATTELS
Count 2: VIOLATION OF CALIFORNIA'S UNFAIR COMPETITION LAW (CAL. BUS. & PROF. CODE § 17200, et seq.)
Count 3: FRAUDULENT MISREPRESENTATION
Count 4: QUANTUM MERUIT TO RECOVER SUMS RECEIVED BY 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
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 and Canada in 2018, but are not presently official and therefore cannot be a part of the official list of Class Actions noted above.
Point of Interest: The law firm behind this case was behind a case that Apple lost in 2015 regarding iBooks
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