Class Action #23 against Apple was filed in San Jose for Deceptively Slowing iPhones, a Practice Apple Competitors don't engage in
Alain Liebermann and Romeo James Alba have filed Class Action #23 against Apple for purposely slowing iPhones in San Jose. This is the second case from San Jose in today's batch of lawsuits. 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.
Nature of the Action
Under the 'Nature of the Action' the plaintiffs state that "This is a class action relating to Apple's unlawful and deceptive practice of intentionally slowing down or "throttling" the performance of certain iPhone models, including the iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus models (the "Devices").
Since introducing the first iPhone in 2007, Apple has inspired a degree of brand loyalty among its customers that few companies have matched. As a result, when iPhone users find the performance of their iPhones has begun to decline so that the phone must be replaced, they tend to upgrade to a newer iPhone model.
Unfortunately for many of its customers, Apple has not shown them the same degree of loyalty. Instead, Apple has deceptively slowed the performance of the Devices through software updates, causing many owners to take the unnecessary and expensive step of upgrading their phones prematurely. Apple intentionally reduced the performance of the Devices while denying users material information that would have allowed consumers to restore Device performance while avoiding a costly upgrade.
Specifically, unbeknownst to Device users, updated versions of Apple's iOS operating system were designed to deliberately slow the processor ("CPU") speed of the Devices as their lithium-ion battery ages. This practice misleads users to believe that their Device is slow and operates poorly due to reduced processing performance and that the Device needs to be replaced, when, in reality, there may simply be a deficiency in battery power. As a result, Plaintiffs and many other Device owners have prematurely upgraded their Devices rather than taking the far less expensive step of replacing the phone's lithium-ion battery.
Notably, there is no evidence that any other smartphone manufacturers throttle their products through software updates. In fact, several of Apple's competitors have already affirmatively stated they do not perform this type of throttling on their older models of smartphones. [See report supporting this here.]
This action seeks redress on a class-wide basis for Defendant's deceptive business practices in throttling the Devices. Plaintiffs bring claims on behalf of themselves and on a class-wide basis against Defendant for violations of California's Unfair Competition Law and the Computer Fraud and Abuse, fraudulent concealment, breach of implied contract, unjust enrichment, and injunctive relief."
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
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 and Canada in 2018, but are not presently official and therefore cannot be a part of the official list of Class Actions noted above.
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