The 450 Page Democratic Congressional Staff Report Found that Apple Wields Monopoly Power Regarding their App Store
Apple TV+ has Joined the Governing Board of the 'Alliance for Creativity and Entertainment' that Fights Streaming Piracy

A Small Construction Company in Oklahoma Sues Apple for Throttling iPhones, Enforcing California Law and more

1 x cover Class Action

 

A small construction company from Oklahoma by the name of Best Companies, Inc., with ten employees (according to LinkedIn), filed a four-count Class Action lawsuit against Apple Inc for throttling iPhones, enforcing California law and more. This isn't your typical throttling iPhone case and the lawsuit goes into areas not travelled before. While some may find this lawsuit an interesting read, others will simply yawn, as there's been too many lawsuits filed on this single issue to date. 

 

Causes for Action

 

Count 1: VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT

Count 2: VIOLATIONS OF THE CALIFORNIA UNFAIR COMPETITION LAW

Count 3: CALIFORNIA COMPUTER DATA ACCESS AND FRAUD ACT

Count 4: TRESPASS TO CHATTELS

 

Below is a single snippet of interest found in the Class Action application: 

 

"Throughout 2017, however, Apple failed to inform customers that the “fix” to the shutdown problem in iOS 10.2.1 came with a significant – and undisclosed – tradeoff: the update artificially slowed down the processors in Apple’s Devices. The software change Apple introduced with iOS 10.2.1 concerns the "powerd" system, short for “power daemon,” which controls CPU and GPU speed and power. In computer science parlance, Apple concealed within the iOS updates secret commands that "underclocked" the processors in the affected phones, causing them to perform calculations across the board at a slower rate than the hardware was capable of supporting, and slower than they had operated before the iOS updates.

 

Running at a slower rate after the update, the processors in Apple’s Devices would demand less power during peak operation. This diminished requirement for peak power would reduce and eliminate instances where the processor would outpace its battery, meaning that even in their weakened condition, the older batteries could supply enough peak power to meet the now reduced demands of the processors. Although this "fix" would prevent outright shutdowns, it would slow the customers’ product and would scale, meaning as the batteries continued to grow weaker, the fix would continue to slow the processors so that demand never outpaced available power.

 

Neither the software update notification nor the software update release notes made any mention of this severe throttling effect. Apple concealed the problem; Apple concealed the solution; and Apple concealed that its solution would slow its customers’ products.

 

Users of Apple devices immediately began reporting reduced functionality, but there was no way for ordinary users to quantify these inklings or give them credence." The lawsuit goes on to provide a series of charts to support its claims." 

 

For more details on this case, review the full Class Action lawsuit filing presented below, courtesy of Patently Apple.

 

Best Companies, Inc v. Appl... by Jack Purcher

 

For the record, another iPhone Throttling case is in the process of being settled. In March Patently Apple posted a report titled "A California Judge has approved a Major Class-Action settlement on the iPhone Throttling case." In May, we posted a follow-up report titled "After Settling an iPhone Throttling Lawsuit in March, the California Judge has now extended the final deadline due to the 'Pandemic'

 

10.4F - Patently Legal

Comments

The comments to this entry are closed.