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. Jim Derrick says:

    Will this action also include the known poor service issues with the Iphone pro Max?

  2. Ida Fimbres says:

    I did the 14.8 update. I have been without phone service for 4 days Verizon can’t help me. My phone won’t charge its getting very hot. I paid too much money for this 11pro max to be going through this. I’m so upset I run a business and have loss money for 4 days due to this horrible bug apple is sending out for people to down load 4 days no service. I’m livid

  3. Valerie Mortz-Rogers says:

    My Apple 11 turned out to be junk I cannot hear people talk to me but they can hear me talk It runs slow has a hard time bringing up apps the best part is you cannot trade them in without paying the full price before the three years but I’m done with Apple after this round as far as phones go I cannot see paying this much money and not making it three years Closer to the three-year. The worse this damn thing Runs

  4. Erin Gray says:

    I experienced extremely slow performance from the iphone 12pro max after one of the latest updates. I already hated the phones camera, compared to a regular 12 it was worse, couldnt focus on close up objects and poor quality. I troubleshooted live with an apple rep who acknowleged they saw the issue but said this was intended design and to essentially upvote the same problem others were reporting. Got the iphone13 pro, worlds better but angry I had to foot the bill for the difference

  5. Alexander Fletcher Jr says:

    My phone dies so fast and freezes after the latest update..

  6. Anthony Phillips says:

    Mine to I can’t go no where with out charger

  7. Yvette Norris says:

    Add me. I have two Iphones and after updates they react very crazy with adds, deleting messages, very low battery life, changing the way I have apps set up.

  8. Wayne Jenkins says:

    Add me to the class action

    1. Kevin Eade says:

      I have four iPhones within this class and have experienced Serious degradation since a buggy release of iOS 14 updates has caused permanent battery loss to all of my phones. In addition, my phone do no hold a charge as long as I was led to believe that they should.

  9. Silpa Satheesh says:

    I am writing this from India. I have been in the US until 2020 and been using iPhones for the past 7 years. My iPhone 8 stopped working last week and since I am professor working remotely, I went ahead and immediately bought an iPhone 11 on September 10, 2021. The phone stared heating up soon after I started setting it up and continued to heart up everytime I plugged it to a charger. I reached out to Apple and the retailer 48 hours within I made the purchase and let them know of the issues. Apple is still diagnosing the problem, took the phone back without giving a stand-by. I have lost important calls, messages and communications that has incurred unpreparable losses. More importantly, Apple customer service as well service centre claim that some heating is normal on iPhone 11. I mean you are talking about a phone that I bought a week before. How can this be normal? More importantly, why is not Apple recalling a product that they know has heating issues? Isn’t this deception and cheating the customer?
    May I please know if there is anyway in which I can join the class action lawsuit in the US or file a case simultaneously in India.
    Thanks and regards

  10. Ellen Daigle says:

    I could not have said it exactly but, my phones acts quirky as it ages, but this is not a newer phone, but this phone and prior were both irregular in behavior
    and definitely the ads popping up about something I’ve said or searching which is expected, but it is an invasion.

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