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. ELISHA BARROWS says:

    Add me

  2. Lorie clift says:

    I have an iPhone 11promax , it’s horrible ! After I’ve been on phone so many times with Att and apple trying to get my phone to work right ,I was told to get another one . I do have insurance but I don’t want to pay 300.00 to get a new phone . So for now I continue to deal with battery issues and I can only talk to someone on speaker phone . Several other issues also ! Horrible phone !

  3. Sandra Henderson says:

    I have had so much trouble with my phone after updates I hate to update but am afraid not to because of security concerns.

  4. Olivia Parent says:

    After reading these comments I feel a lot less crazy. For a bit now my iPhone 11 Pro has been so laggy and slow lately. I’ll have both my data and WiFi on and it will take a few minutes to even load a page. So I’ll turn the WiFi off and it works sometimes but others it doesn’t do anything even if I have 4 bars. Thinking about it my phone has been dying very quickly. I’ve been having problems with my camera and trying to focus it. Or even on Snapchat if I have my flash on and try to take a picture it will be all white and only the flash. It’s super touchy and trying to focus it doesn’t help at all… back to service. I’m having problems with even viewing my photos. They have to re-download for some reason every time I view the picture. It’s irritating having to wait 5 minutes to load a single photo in my phones gallery…

  5. Glenn Overton says:

    I purchased an Apple iPhone 11 Pro Max, it had been working just fine until earlier this year after an Apple update. Immediately after the phone was updated, I started experiencing issues with completely missing Contacts. This was very troubling for me because I perform my ministry outreach with no less than 150 people with my phone. Instantly, Contact information belonging to people whom I have been in contact with for years was missing (including many of those I had recently contacted). People in my congregation were no longer listed as Contacts on my phone, this even including my two daughters whom I regularly speak to. This ordeal was extremely frustrating. I won’t forgive Apple for intruding in my personal space after I have spent thousands of $$ on multiple Apple products. If there’s a Class Action Law Suit against this tech giant – make no mistake about it “I WANT IN…”

    1. Patricia Heuck says:

      I have gone through similar problems, to the point that my phone just went dead and because it would not change if I purchased a new phone I would have lost all my data . I did go yesterday to a place called UBreakIfix and purchased a new battery which I could not get at the ATT store, I am 75 years old and I need my phone for protection. An example is I fall and need to get help . I am so disappointed in Apple and their greed!!

  6. DannyT says:

    Please add me to any potential lawsuit against Apple. I have been and are currently experienced extremely slow performance from the iPhone 11 Pro after one of the latest updates. The phone camera, was worse, couldnt focus on close up objects and poor quality after the picture was taken.. I troubleshooted live with an apple rep who acknowleged they saw the issue but said this was intended design and scheduled me for a in store genius appointment and the tech stated that it was nothing he could do because it was a software issue and the techs don’t have access to fix the issues on the iPhones. He talc me to contact a tier 3 Apple tech support technician, they may be able to assist me. All Apple is doing in my opinion are taking our money and providing us junk at a high price.

  7. David McDonald says:

    Add me I have a 12 mini

  8. Katherine Baliaris says:

    I switched to T-Mobile and upgraded my iPhone 7 (which worked fine) to an iPhone 11. I had to send it back because there was a lot of issues with it. T-Mobile took away the discount that was with the first phone (I didn’t know they did stuff like that even if the new phone they sent was defective). They sent me another IPhone 11 and after 2-3 weeks, I noticed problems again but couldn’t exchange it so I was stuck with it. After updating up til today, I noticed my battery charge doesn’t hold even if I’m not using it and I have to charge it again before half the day is gone.

  9. Keith Watts says:

    I just traded in my iphone 11 pro max for a iphone 13 pro max because of dropping signal in the middle of conversations, while dialing a number and slowing down. I had Best Buy Geek Squad try to remedy the problems with no success. I would like to know if there is a class action suit that I can join.

  10. Chad butcherine says:

    It litterly made my daughters phone die after the new update. Apple says they cant do anything about it! Bs.. my phone is also acting up from the update, logging off apps at random, typing on the screen by itself, battery drain, poor service.. etc. both (IphoneX) add me please!!

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