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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 have the 12 mini, and when I updated the software, my phone moves slower, my battery does not last long like before, my spouse said I should have never done that, I just had recently purchased the phone in September of last year and it’s like I have an older version of the phone because of the inability of it to run like it should have from the beginning. Apple should be ashamed of themselves. Please add me
I have the iPhone 7 I had it since 2017 appl told me… my phone was forced into an upgrade yesterday because without out it it blocked my service from receiving calls or messages. Right after my upgrade to iOS 15.5 my phone still said no service I contacted apple support they told me certain models had a iPhone 7 repair program “no Service” issue. And they will cover it as long as the phone was bought in the last 4 years. My model A1660 was on the list but I bought it about 5 years ago. So now because Apple wants to control the consumer and be greedy I have to take my phone to the Apple store for them to run a diagnostics and to tell me how much it’s going to be to fix my phone (that wasn’t broken) even though I did not want the upgrade…Most of the new features aren’t even compatible with my phone. But that’s the way the cookie crumble’s shout out to Apple iPhone for forcing your customers to upgrade even though they don’t want or need too
same BS here… very frustrating
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. This happens manly when they have a new upgrade phone! iPhones suppose to have everything secured but it not fake advertisement! I got 2 notice that my phone number has been stolen from my phone n now it’s all over the dark web sites! I’m getting so many spams n telemarketing texts n calls pls so many spam emails! I’m so tired of them !
That has occurred to every IPhone sovereign purchased since my 4s to the 12 Pro Max I have now. The worst was the 6s. When the 7 came out the 6s slowed down so much I couldn’t even use it anymore even tho nothing at all was wrong with it. My 12 pro max gets super hot when charging. That should be the next lawsuit!
Yeah it’s no joke how hot it gets, I worry about a fire and have to just go ahead abba wake up to a new day with a dead iPhone because I can’t sleep with it plugged in. The other thing I want to mention is this, my first (12) is such a slippery phone solid glass both sides you can’t set it anywhere it’s ridiculous, once the case stretched out I didn’t get another one and YES the glass is pretty strong, but somehow I’ve never been angry enough to literally throw it out of the car in the freeway, but the (12) you betcha, it’ll get ya there, real quick. Siri can’t do anything right, she argues, she’s snotty, and I’m sorry if Apple thinks that it’s gonna teach me how to treat my machines, especially if it wants to argue with me, you got another thing coming. Siri shouldn’t sound like I’m bothering it, it should never talk back, when I say go, I mean go NOW and locate whatever the ( EXPLETIVE x 39) I tell it to do. I do not need bot treatment etiquette forced down my throat. I’ve heard lots of people who can’t deal with that aspect alone. But this last year, has been Apples worst, personally, they’ve ever had. I am a creature of habit, I do the same old games, the same music, etc I was in a rush, you know procrastinated too long while playing WORDS WITH FRIENDS and now I had someone barking at me to get up now!!! So I juggled the phone a bit and all of a sudden there was a purchase screen up and I couldn’t figure out how to get rid of, so the only way that I know to just shut off the phone is to hold the volume up button and the power button simultaneously. I shake with ESSENTIAL TREMMENS abs I pushed the power button twice and it order $99.99 dollars off some coin vault, I don’t need any coin vault I am born extremely verbose and well read. “ not punctuated” and my usual purchases range from 1- 10 dollars in any game or app. I just can’t afford more. The pattern would be quite easy to see, Drew just doesn’t pay for things like this. I called the Apple people, they took a claim report of my automated claim that got denied. One of the questions right on there own list is, “ did you mistakenly make the purchase, I clicked that one and finished, I was denied, so I went through this in an appeal and was told that there’s nothing that Apple can do for you. My back handled that for me, Apple responded to my back saying that they’d prefer if the consumer contracted them first, will of course they would. Hmmm let’s see
Call my bank and get the charges reversed or purchased canceled OR
Get in touch with Apple and be rung out by the automated refusal system then to the powerless ladies that I’d spoken regarding the denial of my appeal, and be told there’s nothing that anyone can do. I guess I’ll call my bank from now on. Yes, Drew prefers option A, thank you
One more thing, I replaced that iPhone using Apple Care and I expected to receive a new phone, to replace the old one, I was getting cut up from the shards of glass coming from old one. I took delivery of replacement iPhone but didn’t use it right away, when I did it was overheating, has all kinds of In-N-Out bad behavior, topical used phone syndrome, I called about that and was told I’di had made this call within 2 weeks of receiving the device but a month and a half is it off the window of opportunity. I haven’t plugged myself in to take care of that yet but they will deal with me. Sorry so wordy, kiss my ass APPLE
Add me too please! My iPhone 8 Plus has never given me any problems. My phone constantly gets notifications to update. It updated on its own without me approving last night. The battery was fully charged and within an hour this morning, it drained down to 17%. I cannot call anyone or receive calls. My phone now acts like an itouch. I can only use the internet when I have wifi. Use FaceTime when I have internet. I can not get to my emails anymore through my phone. I have loads of sensitive documents I have stored in my phone I can not get to. I can not afford a new phone or need a new one if I’ve never had any problems with this phone. Now I am forced to buy a new phone which I don’t want! All the important information I have will all be deleted if I rest it. This is ludicrous! I am livid!
the problem i am having is even when it is not in use just sitting there the battery gets low and has to be charged. I have to put the phone on the charger constantly and is frustrating. Put me on the classaction law suit against Apple.
I have 3 iPhones X and all 3 devices are stuck on a loop black screen apple logo after updating to iOS 14.5.1. It’s really a weird coincidence… all got stuck in this apple logo loop. I took it to apple store genius and I was told that the reason was the devices were jailbroken. The support specialist didn’t even get the iPhone on his hands for examination to be able to make a statement like that which it was completely false statements. Their word is the law and they don’t even need to prove it anything to you. It’s a horrible feeling when you are completely on their (apple) hands, treated like they have all the power to decide whatever they want and there is nothing you can do. The worse is that nobody is EVER held accountable !!!!
My phone updated on its own last night and since then has stayed on the black screen with the white circle. I went into t-mobile to see what the issue was being that I have insurance. I was told that the system crash during the update and I need to file a claim. I called the claim into the insurance and was told this would not cost me anything being that it was a system issue and nothing I did to the phone. when calling the insurance and speaking to 10 different i found out that i had to pay to get a new phone after i was told i would not pay anything for the new device. I was told that I had to pay 150 for a new phone for something i didn’t even ask my phone to do. This has to be crazy and a way that apply is getting us to purchase a new phone when as often as possible.
I am completely outraged to hear about this.
Yesterday afternoon,my phone suddenly said “update successfull”
I was like”hang on,what update…..I haven’t updated anything”
Then it went in to say@you have two more steps to complete….
I tried to do that,
and as I pressed on”phone data”… it stayed on a loading wheel.
Then it said” this will take a few minutes “
Those minutes turned into hours.
I tried turning the phone on and off…….
Then when it came back in it said”hola”,and just kept looping all the languages.
I was so infuriated.
I have no other devices.
I couldn’t make contact with anyone.
I don’t have a computer,I do t have numbers written down.
I live alone with disabilities.
It was scary and shocking to the system.
I also run a 24 hour mental health support service.
Email,messenger and text is vital.
I have an iPhone 11 pro
It’s not even 2years old.
I would love your support in this.
My ohone has so much sensitive information in it,and memories and documentation of my mother before she passed.
Please reach out.
X
iPhone 11 pro. No question my phone is trying to frustrate me, and I’m sure Apple is behind it. For a number of updates now I have issues with delays trying to engage an app after opening it, even if it’s already open in the background. It’s like my phone freezes, although with some apps, I can scroll… Just pushing any “button” has to wait a ridiculous amount of time. The other issue is the “smart charging”… Battery heath says my battery is at 86%. Sometimes my phone will trickle charge only enough to keep it at the low percentage where I plug it in or put it on wireless. As in… Four hours on charge my phone is still at 12%. It’s ridiculous!! Please stop it, Apple! We spend so much money on your stuff already!