Seeger Weiss LLP is proud to announce that James (Jacksy) Bilsborrow, a nationally respected leader in class action, mass tort, and environmental litigation, has joinedread More
News, Class Actions, Defective Products
Apple iPhone Owners Taking Legal Action: Claim Phones Were Intentionally Slowed
Apple recently confirmed performance of certain iPhones had been slowed due to a fix that was implemented in an effort to avoid shut down issues that users claimed occurred anytime their phone needed a burst of power.
Consumers Discuss Problems with their iPhones on Social Media
A discussion on the website Reddit.com in early December 2017 revealed that many iPhone user were experiencing problems with their devices.
Following the discussion, the founder of Primate Labs and Geekbench developer, John Poole, analyzed data from approximately 100,000 phones with different iOS versions, including those with and without the Apple fix. Poole found the phone processors slowed down after the system update and that the problem was widespread and “likely to get worse as phones and batteries aged.
After initially denying a problem, Apple acknowledged the slow-down following the Reddit posts and the independent investigation by Poole.
Apple Denies Intentional Wrongdoing, Apologizes to Consumers
On December 28th, just a few days after admitting the operating system had led to performance degradation, the company issued a statement addressing concerns and denying intentional wrongdoing.
The statement explained:
“… We have never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades. Our goal has always been to create products that our customers love, and making iPhones last as long as possible is an important part of that.”
iPhone Owners Take Action Against Apple
Apple’s statement admitted to slowing the processors in order to avoid overloading phone batteries, but regardless of whether the explanation is legitimate, the company’s initial denial failed to disclose its “fix” diminished performance. Apple also failed to let customers know they could also fix the problem by replacing the battery in older iPhone models.
As a result, the company is accused of purposefully concealing, fraudulently omitting and/or failing to disclose that a new battery would improve the performance of older phones and that replacing an older phone wasn’t necessary.
Consumers agree they would have replaced the batteries in their older phones, which was a less expensive option that paying to replace their phones, had they known battery replacement was an option.
If you have been affected by the slowing of your Apple iPhone or you have questions about an iPhone you own, you could be eligible to participate in the class action against the company.