Christina Spicer  |  June 8, 2021

Category: Electronics

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(Photo Credit: wutzkohphoto/Shutterstock)

A consumer says that Apple has used software updates, including iOS 14.5, 14.5.1, and 14.6, to damage iPhone models 11, 12, 12 Pro, and 12 Pro Max in a class action lawsuit filed Tuesday. 

Lead plaintiff Andrew Crittenden seeks to represent iPhone owners nationwide in a class action lawsuit filed in California federal court. Crittenden says that updates to certain iPhones have damaged their processing speeds and causes their batteries to drain faster. He accuses Apple of releasing the updates, knowing they will cause damage.  

“This case is about knowing and intentional damage inflicted by Apple through software updates, including (but not limited to) to iPhone models 11, iPhone 12, iPhone 12 Pro, and iPhone 12 Pro Max,” states the class action lawsuit. 

Crittenden, a California resident, says he owns an Apple iPhone Pro Max. He says that he updated his mobile operating system, called “iOS,” as soon as the software became available. Crittenden says that Apple encourages users to update their iPhones to the latest operating system to help keep their devices secure; however, he says that after he updated his iPhone, he experienced slower performance and poor battery life.  

Crittenden says that he is not alone and that within days of the Apple iPhone update being released, consumers complained of degraded performance and battery problems.  

The class action lawsuit alleges that Apple knows the iOS update will result in problems for current iPhone users. In fact, the company relies on these problems, called “throttling,” in order to encourage consumers to purchase new and ever-more expensive iPhones. 

The plaintiff accuses the tech giant of failing to acknowledge the problem even in the face of thousands of complaints by iPhone users who say that updates damaged their smartphones. Crittenden claims that it is in Apple’s own interest not to inform users that their devices will suffer if they download recommended updates.  

Instead, claims the class action lawsuit, Apple lets users believe that poor battery life and failing performance is the natural result of an aging iPhone.  

“Moreover, degrading device performance ahead of product launches may also allow Apple to drum up demand for faster phones with longer battery life. New iPhone models are typically launched every fall,” points out the complaint.  

Apple has been accused of using updates to throttle older iPhones before. Several years ago, the company faced a number of throttling class action lawsuits after its iOS 11 update allegedly damaged the performance of smartphones and harmed battery life. 

Crittenden wants to represent a nationwide Class of consumers who experienced problems with their iPhone 8 through the newest model after downloading iOS 14.5, iOS 14.5.1, or iOS 14.6. He accuses Apple of violating federal computer fraud laws, California consumer protection laws, and meddling with consumers’ iPhones.  

The class action lawsuit wants Apple to pay damages, court, and attorney fees, as well as a court order stopping the company from releasing future harmful iOS updates.  

Have you had trouble with your Apple iPhone update? We want to hear from you! Tell us about your experience in the comment section below! 

The plaintiff is represented by Alex R. Straus of Milberg Coleman Bryson Phillips Grossman, PLLC.  

The Apple iPhone Update Class Action Lawsuit is Crittenden v. Apple, Inc., Case No. 5:21-cv-04322 in the U.S. District Court Northern District of California San Jose Division.  


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1,330 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Joe alves says:

    Made me buy a new one

  2. Carrie Thomas says:

    We are and always have been total Iphone users in my house and continuously upgrade when we are eligible. We currently all have the Iphone 11 ProMax or the Iphone 12 ProMax. Please add me.

  3. Marilyn Russell says:

    Battery needs charging much more often. Little quirks” often.

  4. Nicola Speight says:

    Add me please

  5. Chanitra Hill says:

    Add me please

    1. Tamara says:

      Add me

  6. Gayle Thornberry says:

    Add me

  7. Patsy O'Kieffe says:

    Add me

  8. Irene Nuzzi says:

    please add me as well my battery does not hold a charge not only that but my contract is up with Sprint and I am eligible for an upgrade and all of a sudden my phone is acting up not working or anything I swear it’s a conspiracy I am never upgrading my phone again very sad they are so much money

    1. Kim L Ulmer says:

      I had this same problem with my iPhone. I had to recently change my battery because of that.

  9. james says:

    u are so so far behind what is going on apple is useing micrsoft servers, microsoft is ones who is copying all txt messages ph calls, and they very well can be sending updates as well,
    i done computer server security, find probems and stop them even rasomware,
    microsoft is in control over apple itunes and other cloud services , so i ask where is probem
    keep to in mind one fack all software made in china, and there is no over sight to secure it,
    i have logs to who invold and what they doing

  10. Melissa L Sharma says:

    I have an iPhone XS Max & I noticed battery life went way down when I updated. I purposely avoid updating my phone whenever possible. I don’t trust their updates. Usually every other update has some problem that then has to be fixed by another update. I went a good year without updating, but because one of my favorite games would not work without an update, as we were warned I think on their Facebook page or within the game…I can’t remember, but I updated my phone & immediately the battery life went down. I used to only recharge once a day. Now it’s 3 to 4 times a day. I also have typing delays. I can sometimes hit the keyboard 20-30 times before it finally types something. This didn’t happen before I updated the phone.

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