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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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1,331 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit
I thought I was the only one they force you to update the Watch an now all it shows is Apple log an they expect you to pay $397.66 for there mistake this is so not right
After updating to ios 15.1.1, my iphone 12 pro max became a brick. It was stuck in recovery mode and cannot update and even restore the software. The store tech told me that I needed to pay $599 for repair or buy a new one. He even said that this is not a known problem. But after I arrived home, I googled it and found out that this is a known problem. My phone was working fine before the update, and they insisting that it is a hardware problem and was not the fault of software upgrade.
I just had the same issue happen to my iPad pro 3rd gen 12.9.
Wanted to give it to my daughter, and purchased a new iPad Pro.. then wanted to reset the older iPad and it can’t come out of recovery mode. They told me I can get it replaced but it must be a hardware issue.
It is not. a hardware issue since literally it worked just fine seconds before tapping on “reset and erase all settings”..
This is yet again Apple trying to increase sales.
I have immediately returned the new iPad that I purchased out of frustration.
My iPhone 11 cell service stopped working after IOS 15.1 upgrade and Apple store said it was my problem not theirs .Rhey news to get sue for this BS.
Mine is iPhone 11 and my battery life drain fast after downloading iOS 15.1. I told my kids don’t do it but my son already did and he is having trouble with his phone and att won’t or apple.
I am currently dealing with my phone not working at all after updating to 15.1
At first it was just searching for service all the time. I contacted Apple Support, they told me to back my data up and do a restore. Now it says “unable to activate”. I went to the store, the “Genius” at the store claims he’d never seen it, attempted to restore it twice. He escalated it to California and made a comment that typically this is indicative of a “hardware failure” and told me to have a nice day.
i phone 12 1 year old still jn warrantee Phone drops calls poor sound apple repair could not fix . I have run out of answers Dealer is useless HElP !
My fiancé and I both have iPhone 11’s she has an iPhone 11 PRO MAX & I have the iPhone 11 PRO both batteries go faster than normal, touch screen problems but the newest problems were after the latest Update where an Apple Employee at Apple Store Trumbull CT told me the text and alarm sounds were reduced from MAX VOLUME when it’s set to MAX VOLUME it’s really only like 3-4 out of 10 and it can’t be fixed so if your cell is in your pocket or purse you won’t hear your texts coming in. My fiancé uses texts to get Work Status Updates and I use it to communicate between my company and I and we both miss so many texts after the update and I was told it can’t be fixed and I need to get an iPhone 13 Pro but why get rid of a great cell because they broke it in an update knowingly all Apple Employees know it as well.
Apple is most certainly doing this. I live in WA state and wish we could get a suit going here. My battery life was clearly destroyed intentionally after an update and my phone runs significantly less well. It worked fine before. When you talk to support of course they deny it. If it ain’t broke, don’t fix it. Furthermore, on a side note, apple never seems to address glitches which are actually an issue with updates. What are they good for then? They claim security… Their updates are the virus. It’s one thing if a company designs a chintzy product (which ought to be illegal as well) at least you know what you’re getting into, but in this abstract new world of tech it’s another level of deceit to intentionally, retroactively, invasively, reach in virtually to someone’s device which worked fine before and degrade it. It’s property damage of a sort. It should be treated as such, like vandalism. Not only is this ripping people off monetarily, but more importantly it’s a tremendous strain on the environment. Disgusting and unacceptable.
I have an iPhone 7 Plus. I bought it back in 2017. I have been reading about these problems but never experienced any of them until just yesterday when I updated to the latest 15.1 iOS. My phone was plugged in up until 10 mins ago and at 100%. it’s now 88% and I don’t have anything running- no location services, no apps running in the background- except this browser.
Does this include touch disease? I have an iPhone 11 that is unresponsive and even though the problem began while under warranty, it is now out of warranty and apple wont even acknowledge my problem. I just want a refund. The phone was used less than 6 months. I would think call records would indicate the lack of usage. What can I do?