iPhone iOS 4 Upgrade Class Action

Did Apple intentionally release an iPhone 3G operating system update that it knew would turn the phones into an “iBrick”, simply to force 3G owners to switch to the new iPhone 4? According to a class action lawsuit filed in California Superior Court of San Diego, that’s exactly what happened.

Calling Apple’s actions “unsavory, dishonest and deceptive,” the iPhone 3G class action lawsuit alleges “Apple knowingly and intentionally released what it called a system software ‘upgrade’ that, in fact, made hundreds of thousands of third-generation iPhones that were exclusively tethered to AT&T data plans ‘useless’…[and turned them into] a device with little more use than that of a paper weight.”

With great public fanfare, the lawsuit says, Apple told iPhone 3G and iPhone 3GS owners that the new iOS 4 software was a significant upgrade in functionality for the devices, when in fact, the installation and use of the iOS 4 on iPhone 3G resulted in the opposite. “Rather than improve anything, it has rendered the iPhone 3G devices virtually unusable, constantly slowed, crashed or frozen, and less versatile” than it was before the “upgrade,” the lawsuit says.

The iPhone iOS 4 class action claims that it is more than coincidence that the 3G-crashing operating system upgrade coincided with the release of the next-generation iPhone 4.

“The whole situation was created to be a consumer Catch-22 by Apple in order for the company to promote sales of its just released iPhone 4 and cause consumers to simply abandon the earlier 3G and 3GS platforms,” the class action says, continuing that the only way users can restore the third-generation iPhones’ iOS 3.x operating system is to use “hacker tactics” that void Apple warranties and violate iPhone user agreements.

The iPhone OS upgrade class action lawsuit was filed on behalf of all California residents who owned an iPhone 3G/3GS device at any time from June 1, 2010 to September 30, 2010 as an AT&T subscriber, and downloaded and installed the iOS 4 software upgrade. It is seeking restitution, disgorgement of Apple’s ill-gotten gains, and damages for false and deceptive advertising, unfair competition, and violations of state consumer protection laws.

A copy of the iPhone iOS 4 iBrick Class Action Lawsuit can be read here.