Christina Spicer  |  June 8, 2021

Category: Electronics

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

  1. Melinda Snow says:

    Yes I have had my iPhone pro max hacked during activation at AT&T and apple has done everything they possibly could to not give me new device , even wanted me to let them hold a $1200 credit card charge for them to send me device u til they receive my BCK I have apple care my # now been compromised;4 time used dark web!

  2. iPhoney says:

    You don’t know what you don’t know.
    TG 4 Steve’s piles of NDA’s or
    we could speak and AAPL would be toast (QT/FCA)

    1. Melinda Snow says:

      Well I know that apple has pulled some dirty bs trying to delete a Apple ID account with my past Apple support that I had but unfortunately for him the guy in Greensboro Apple Store I had already requested to have my stuff be sent to be for download which it was to my laptop to prove everything so they have really messed up trying cover their butts tell me nothing wrong with my phone that factory reset itself get so hot can’t even stand to touch it ! I go in person bc Apple support make my appointment twice and their employees don’t do their job & then apple want me to pay them $1200 to send i. They crazy as hell ! I went in person drive 55 min to get there for them to do nothing!

  3. Shannon Wood says:

    I just updated my 12 Pro Max and immediately noted a significant battery drain the next day. This has happened with other models I have had in the past. I’m sure I’ll need a new phone very soon because of this recent update.
    I would like to now included.

    1. Juan Perez says:

      Exactly the same happened ti my cellphone 12 max pro why us this and we don’t get help is an expensive cellphone 📱 I’m not finishing yet to paid off and is already a faulty phone THIS IS FRAUD

  4. Mike Flowe says:

    This article explains why I’ve been having trouble with my phones going all the way back to 2008 when I got my first iPhone. Currently, my issue is that (and I haven’t made any changes to my settings) when I try to log in to various accounts that require 2-step verification, I cannot receive the text message. This is extremely frustrating. I want to be included in this class action.

  5. Valerie Po says:

    Hey, I’m from Mexico City, I have an iPhone 10 (iPhone X) and it has been behaving weird recently, 1 month after the last update, the display doesn’t work anymore, battery life is worse than ever, but what actually pisses me off is the display from one day to another, it moves on its own, opens and closes apps and presses buttons without even touching it. Went to Apple Store and they say I have to pay $350 dollars to change the display cuz there’s no warranty.
    I CLEARLY see that the “display problem” is totally created by a software. I totally agree and believe Apple creates and activates software to make our iPhones useless in order to buy new ones. This is thief and fraud, this has to stop and it should be punished. Please contact me to make this big in México too.

  6. Daniel Meltzer says:

    Please add me. I have an 11 and a 12 experiencing loss of battery etc etc

  7. michelle sparacin says:

    Just got the phone with Apple CS for the umpteenth time. I am furious at what they are trying to pull right now with my phone.
    iphone7 model # A1660 – once updated to 15.6, no longer had cellular and phone said ” no service” on top left.. the only way to use phone was home/on wifi.
    was given a case number and called numerous times trying to fix this update/ they stated the update was not complete/error of some type ( the update left out the cellular portion), and stated to me with my model number i was eligible for a free fix, due to a “recall” of some sort. then told me i was NOT eligible even though i had that exact model number because it was manufactured in 2020. they had me hook up my phone to itunes and wipe it out to start fresh.. and that made it worse… could no longer get to home screen so no alarm.. and no nothing on wifi. 3 hrs on the phone and they finally got the ok from supervisor to repair free of charge. they sent me the pre box.. i shipped to them, and 3 days later got an email saying my phone is physically damaged and to pay $150 or they are sending my INTERNALLY UNFIXED phone back to me. they even sent me pics of dents that I DID NOT HAVE when i sent to them.
    first… the phone was in pristine condition. i am appalled that they are doing this. these phones are NOT cheap and with every update comes some sort of issue. they are giving me the run around now as they “investigate” . what is there to investigate ???? i was getting a free INTERNAL fix due to an update fail ON APPLES PART!! ugh im so pissed. i just want my phone and my money back at this point.

    1. iPhoney says:

      Ouch
      Bricked?

  8. Nancy Artalejo says:

    I purchased an
    iPhone 8
    iPhone X
    2 iPhone SX max
    Iphone 12
    12 pro max
    All of these devices do not work with everything you can imagine to date.

    1. Nancy Artalejo says:

      I also have the limited edition red iPhone 7 that needs to be added to the list above

    2. Nancy Artalejo says:

      I also have the limited edition red iPhone 7 and it still doesn’t work properly

    3. Nancy Artalejo says:

      Add a limited edition red iPhone 7 to the list, and it still doesn’t work properly

    4. Nancy Artalejo says:

      Add a limited edition red iPhone 7 to the list.

  9. Melissa Berry says:

    I bought iPhone 11 Pro January 2021. This is the most expensive phone I’ve ever purchased and has been the worse phone I’ve ever had!!! Yes, something happened a year or so ago that my phone has never recouped from. Smart phone. My ass… it’s like having dial up up a tablet

  10. Coleman says:

    I have an iPhone XS and the last update I installed it started out of nowhere glitching buttons and typing and randomly texting people and calls don’t work and I lost a whole bunch of apps and messages it looks like I need a new phone.

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