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. Peter Milton says:

    Please ad me

  2. Crystal says:

    I have also experienced slow and low battery issues which forces me to buy a new phone please add me to this class action suit..

  3. Carolyn says:

    I will swear in court under the penalty of purgers if I lie!!!! Apple started all the crap with the Iphone 7 that I had. I was doing a lot if the things that people are complaining about now. My 7 was dropping calls like crazy and couldn’t change app,etc. The phone kept saying I had to update and install the iOS 14.6. I did that! Then the phone literally shut itself down. I upgraded the IOS to 14.6 on my iphone 7 and the phone literally did not work hardly at all battery going dead for five times a day calls dropped three or four times during a 2030 minute conversation just on and on and on things not working with that new update that the phone insisted I had to have. I ended up having to go buy another phone and they push the iPhone 11 onto me because I didn’t want to pay another $800 for a phone. Now they charge me $650 for the iPhone 11 after telling me it was on sale for 400. They use the guise that because I got a phone that was 128 GB. Anyway this is CRAP! I want to sue APPLE: I have waited up to two hours for someone to answer the phone at support. Their support center sucks! I will testify to every bit of this in court. Put me on your list.

  4. Cassandra Rucker says:

    Please add me

  5. Markus Harris says:

    What about not supporting phone with iOS updates so many apps don’t work on older phones so you have to buy newest ones I have 2 iPads that are useless and now my phone

  6. Sheila Chaney says:

    This make me mad. We pay a lot for there phone

  7. Janice Massie says:

    My phone drops calls and when on speaker phone no one can hear me without me yelling I have the iPhone 11 Pro not even a year

  8. Kim says:

    My phones don’t stay charged. I’m in town was told the networks are too busy so can’t call or receive calls. It shows don’t have internet connection. They act up while on WiFi. I have the x and xs max.

  9. Donald Hurtle says:

    Dropped calls, dialing poor ,sound spotty CELL TOWER 3 BLOCKS AWAY , MANY TRIPS TO VERIZON I get the run around. I am charged for terrible service Phone is i phone 12 PLEASE ADD ME

  10. Bruce Rohrbach says:

    Apple OS update 14.7.1 was pushed to my phone and installed without my approval. It has disabled my cellular carrier T-Mobile on my iPhone XR purchased less than two years ago. I went to my T-Mobile store who replaced the SIMM- I still have no carrier. I purchased AppleCare for an additional fee at time of purchase of the phone. I called the Apple store- Putna (in India) refused to schedule me for a service visit at the Apple store that day. I was told I had to wait a week for an appointment or replacement phone. Putna also refused to give me a number to talk to anyone at the local Apple store. I went to the Apple store in Whitehall PA. They refused to look at the phone and refused to replace it under Apple Care. It would appear Apple is pushing OS updates that disable phone function in an attempt to force customers to purchase new phones. – Allentown PA

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