Christina Spicer  |  June 8, 2021

Category: Electronics
(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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1,336 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Heriberto Morales says:

    Add me to list because I have the Iphone SE seconds generation and my wife has the Iphone 11 and it’s been a horror show since the updates

  2. James Fong says:

    Please add me to this list

  3. Ernel Lafrance says:

    Please add me

  4. Christopher J Cook says:

    My iPhone 12 Pro is not a year old and the battery is slowly getting weaker and weaker and the iPhone will almost burn you alive if you don’t watch out. Disgusting really!

  5. Claudia Smith says:

    Please add me

    1. Deborah Salvaggio says:

      I have iPhone 12 Pro Max. When I received my phone Dec2020 I started having issues with apps closing on me when i was working on something. I found that my activation date was May 2020 which was VERY odd in the sense that I activated in Dec 2020 and the iPhone 12s were NOT even sold in May 2020. After 8 calls into apple with no one able to answer why this was, my activation date disappeared!!! Everyone I asked showed an activation date but I no longer did. I also had the battery life issue, freezing screen issues along with the closing of apps. I repeatedly called apple and after logging into my phone and doing ‘diagnostics’, i was always told my phone was fine. It was far from fine. Now it’s dead. Won’t charge and can’t turn on. Now I’m paying $853 for a phone I can’t use. They won’t replace it because i was honest and told them it has a small crack on front. They told me to go get it fixed first…. I cannot spend another $175 on this piece of crap just to get another..
      Hope this adds me to lawsuit

  6. Leah Hulon says:

    Please add me. My phone no longer stays charged after the automatic update. I have tried everything. Takes all day to charge 3/4 of the way and runs out of battery life after a few hours. Still paying for this phone.

  7. Phebe Triplett says:

    My phone has been acting very slow. My apps are loading slowly and on Safari also. My phone blacks out. My battery does not last for more that an hour. The percentage jumps up and down.

  8. Crisha says:

    My daughter and I am having the same issues. My phone is blacking out and not allowing me to get into the apps without continuously blacking out, and my daughter’s battery quickly goes down to 30 to 5% immediately after she has charged it. We have the 14.6 automatic update.

  9. WandaTindall says:

    Please add me I have replace battery 4 times and my battery does not last very long.

  10. Maggie Hubbard says:

    Please add me as I have had to replace several devices do to this BS happening I even contacted apple asking them and telling them it didn’t happen until after I got that upadate etc they swore I just didn’t notice it until then.

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