Class Actions #26 and #27 against Apple for Purposely Slowing iPhones were filed in Brooklyn and San Francisco
Two new Class Actions were filed against Apple. One is from Melody Munro in San Francisco and the other from Brooklyn, New York. The first case presented below is from Yisroel Brody who is charging that Apple purposely slowed older iPhones through software updates to encourage sales of new iPhones. In one part of Brody's testimony he states the following:
"In or around August 2015, Plaintiff Brody purchased an iPhone 6 to own and operate. After experiencing slow and diminished performance, Brody went to his local Verizon store and had an "MRI" diagnostic test run on his iPhone 6 to determine whether there had been any physical, electrical and/or other damage to the phone. The diagnostic test revealed no physical, electrical, or other damage to the phone, and Brody was advised that its diminished performance was on account of Apple's recent iOS updates and its effect on the battery life and function.
As a result of the diminished performance of his iPhone 6, Brody reached out to the warranty department of Verizon Wireless in December 2017 for a needed replacement phone. Because the iPhone 6 was no longer available, they replaced his phone with an iPhone 6S. Presently, however, his iPhone 6S experiences the same slowdowns and operational problems that he experienced with his iPhone 6, and will need to replace his new iPhone 6S out of pocket."
Elsewhere Brody notes: "Instead of enhancing the performance of class iPhones through iOS updates which are compatible and supportive of the devices' operating systems, as Apple had represented, Apple distributed iOS updates which significantly and negatively interfered with class iPhones performance, including the slowing of class iPhones to the point of significant lag time and/or interference of ordinary use.
As a result of Defendant's wrongful actions, Plaintiff and members of the proposed classes have been injured by either continuing to use slowed class iPhones which experience significant lag time and interfere with the phones' ordinary use, or purchase a new model iPhone."
Causes for Action
Count 1: FRAUDULENT MISREPRESENTATION
Count 2: FRAUDULENT CONCEALMENT
Count 3: BREACH OF IMPLIED CONTRACT
Count 4: VIOLATIONS OF NEW YORK'S GENERAL BUSINESS LAW § 350
Count 5: VIOLATIONS OF NEW YORK'S GENERAL BUSINESS LAW § 350
For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple
Class Action Filed by Yisroel Brody in New York vs Apple, January 2018 by Jack Purcher on Scribd
Class Action #27
Starting today going forward, on days where multiple Class Action lawsuits have been published against Apple, we'll present one full case and then simply list the others in simple form as presented below for Class Action #27 filed by Melody Munro from San Francisco.
Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017
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 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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