Christina Spicer  |  June 8, 2021

Category: Electronics

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

(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.  


Don’t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

1,331 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Austin Hall says:

    Current 3 days ago. 5/1/22 IPhone 12.

    I have been an iPhone user for a long time and have heard all the update issues over the years, so I DO NOT ALLOW automatic updates. My phone is on the charger and what happens? iOS updates on my iPhone, the white hello screen appears, and then it went black and has been ever since. Contacted Apple where they recommended me go to two locations with Apple service members. First location(Best Buy), didn’t do anything. Second location told me(T-mobile/my carrier) looked at the phone for over an hour and a half then told me, it would need to be sent off or taken to an Apple store… and possibly still be sent off to repair it. It’s sickening the fact they continue to do it over and over and over and over without any real consequences. Knowing well that some people don’t have two phones or the time to go from place to place like I do currently causing serious life loss. Also, don’t have ‘service center/techs’ that can’t do their job without big Apple holding their hand.

    1. M R says:

      This is happening to me. I am on cancer treatment and I can’t get vaccinated. To step out of my home is already a huge risk. They force me to put my life at risk several times exposing myself to the coronavirus to go to the genius to have my phone looked at and replaced. I am told one that someone will be waiting for me and aware of my condition, with all the info necessary on hands and that all I had to do was to call the manager, handle my defective device and get the replacement one which was already on the manager hands. But the reality was that when I got there on the time scheduled, nobody knew about my case, I was put on a table full of people without masks and I was left there for 3 hours and they made me go through all the diagnostics and questioning and inspections to only then after 5 hours get the replacement and leave. Just describing it in here bring tears to my eyes to think how disrespected I was and the feeling that’s there is nothing I can do about it.

  2. Angie Hampton says:

    Is this still going on? Apple has got to be stopped for intentional meddling in consumer iPhones. Overheating of iPhone, low battery issues, glitches in apps, loss of info, increasing need to reset iPhone, loss of data speed, internet interruption, missed phones calls and missed txt msgs. Its extremely frustrating.

  3. Jamie wikert says:

    Islandgirlfever@aol.com
    My iPhone 11 second one speaker can’t hear charger stops charging turns volumn off can’t hear what people are saying paid my insurance deductable thinking something wrong on charger port same problems ever since the updates omg this 11 is junk

  4. Rashid ayub says:

    Im in

  5. Brooke says:

    Recently updated my daughter’s iphone 12 pro max and now it says” no service” i went to Boost for help but they were unable to help. So aparantly we have a phone that is now useless… Help? What can we do????
    Please include me in the lawsuit.

  6. Nicole says:

    I want in. Ever since ios 13, my iphone 11 ear speaker volume is almost nonexistent! Plus these so called updates leave my battery life crap! This stupid phone cost me a thousand dollars!!! I’ll NEVER buy another Apple product!

    1. BILL LAUGHLIN JR says:

      Maybe we should all go to Apple headquarters to protest. I’m not talking just a few but thousands of us. Totally surround their Bldg n that means no trucks in or out

  7. Raven Hunter says:

    Add me please.

    1. Ranita Reed says:

      I have had multiple iphones, all with applecare, and always had issues. PLease include me

      1. Ann Sanchez says:

        Yes I had issues went though iPhone problem s

  8. Lee Ward says:

    Updated my IPhone 12 Max and before that, I would and still have to reboot when I’m using Facebook or searching on the net. Constantly receiving messages to upgrade my iCloud because there is not enough memory? ??… I have nothing on my phone to save on iCloud. Maybe 200 photos is all. Apple needs to be sued out of business.

    1. Gilda Haynes says:

      Still happening! I have never dropped my phone or had any damage and I update and of course now my internet is slow, I can’t watch anything. My apps are slow to connect. My husband upgraded to the newest phone and within the same household has no issues with internet. It’s a scam to force us to get the latest, I shouldn’t have to!

  9. Laurie says:

    Updated to ios 15.1.1,; iPhone 12 pro max lost cellular connectivity rendering it useless as a phone! What on earth?! Greedy APPLE #%#tards!! How do I sign up to stop their nefarious ways?!

  10. JAMES says:

    Gave phone an update now thier is no service to my phone.when I called iphone they said I have to pay $145 to fix thier mistake.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.