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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1,330 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Julie Cothren says:

    God yes… with my 14pro my 13 pro my 11… it runs horrible sometimes after an update, and I have to wait weeks and then another update comes out and then it straightened out some.. I’ve been telling Apple that I think updates get corrupted and since it’s all sort an iCloud it just keeps getting worse. I asked if I could create a new iCloud and transfer my stuff (paid for movies and music) but they said I can’t because anything I bought will not transfer over.. I told them that they could transfer it over themselves and delete it off the old account, but they refuse.
    Also, since they’re charging us more more for each newer phone, it’s given us better graphics, which is amazing. We want our cameras to take better photos but they’re not given us adequate amount of space they’re not given us any larger iCloud’s and so my phones always acting horrible.. I complain to them all the time and nothing gets fixed.

  2. Joe Frost says:

    I phone 10: updates automatic: phone slower and slower: battery hold less and less: phone put out smoke and died: I still have the evidence ( phone). Bought a new expensive replacement!

  3. Keith Olsen says:

    Apple has been doing this since the very beginning of iPhone. I had an iPhone 3G that nearly completely quit functioning the day I updated it. I have been very weary of updating my iPhone ever sense and always turn off automatic updates sense then.

  4. can contact this new email says:

    My friend works for corporate in Cupertino and he even told me years ago that corporate has been doing this for quite a while. He said that just recently the legal department threatened them with “sueing them personally out off existence” if they share any documentation with lawyers that proves they are doing this. Apple Executives are holding their own employees hostage, in order to do this very corrupt practice. Not only should the company be sued, but the executives of Apple should have their personal pockets hit for this, for being the ones that initiated this disgusting practice. I’m not going to leave my current email or name because i dont want them attempting their legal department trying to putting the dots together and then attacking my friend just for me saying this, cuz they 100% will, they are bad people.

  5. Kerry Hester says:

    I have definitely noticed my phone battery draining a lot faster. Most days before I wouldn’t even need to charge my phone until I got home after work. Now I have to keep a charger at my office and charge 2-3 times during the day.

  6. Rick B says:

    My phone worked perfectly until the iPhone 15 update. Now my phone is unresponsive to touch and I know that iPhone is responsible for this and is trying to make me buy a new phone. This happened last time so I know that it is happening again and that they are doing it on purpose.

    1. Jill says:

      Same thing happened to me but was fixed when I restarted it. Now I’ve lost my cellular data and calling connection because of a “hardware issue” even though I merely updated my phone. $300 to fix it!

  7. Laurie N says:

    I have an iphone 10 SE. My phone worked perfectly for years and soon after I did the ios 16.2 software update, my phone turns off and then back on every two minutes and then turns back on. I can not send text messages. When I am on a phone call the phone will turn off so my call is dropped. I have car play and that does not work anymore. When I try to use google maps I get a message that I have to be connected to the internet. I called my carrier and they said there is no issue with my connection.
    I contacted apple and they said that I needed to take the phone to Best Buy so they could fix it. Drove 1 hr to the closets Best Buy and they told me that it was an apple thing. said they would have to take my phone to see what the problem is. Said it could take days. He said from what he could tell I would need a new phone. At no point in the disclaimer when down loading the software did it say this would effect my phone’s performance. Now my phone is ruined. Is this a apple ploy to get consumers to buy a new phone????? Not all of us can afford a new $600+ phone. My phone is only 2 years old!!! Add me to the list as I am extremely pissed off.

    1. Kerri Carlson says:

      I have a iPhone 11 and every single time I get a update my iPhone goes crazy and it just happened yesterday and I can’t even sign up here because it says I have no Internet connection that’s funny because it did same on game last night right after update and it still doing double print and shrunk everything and it was a 1,000$ phone and I have stopped buying and upgrading apple products because of this crap and no one told me about a lawsuit because I would gladly join in as I have multiple phones and iPads

    2. Saundra says:

      This has ALSO happened to me.😡
      Almost the EXACT scenario…after upgrading, my phone went beserk! I then received a message that the battery was compromised…when I went to Apple Store, was told I needed a NEW phone😳

  8. Ana says:

    I just contacted apple support because my phone isn’t working properly. They ran a diagnostic through their end on my phone and got a warning for a software issue. I also have APPLECARE for nothing apparently because when I asked what are my options for express replacement they need a card to hold $1200 in order to send me a refurbished used not new phone. And if I go to the Genius Bar they don’t know what they’ll quote me. Soooo again apple are for what? It’s a software issue with the company not something like me dropping or damaging my phone which should be covered as well. This is ridiculous.

    1. Ana says:

      I saw another commenter say they tried to delete his proof so I also screenshot everything and got it saved elsewhere.

  9. Misty Coleman says:

    My iPhone 12 is only 18 months old and the battery drain has gone down significantly with each new iOS update. Also since the last update it randomly disconnects from my wifi (none of my other devices do this and it’s a new modem) and I have to shut my phone down and restart to get it to connect to my wifi.

  10. K. Peay says:

    My iPhone 12 Pro recently did auto update 16 and never came back on.
    So I contacted Apple Support and the said that the update stalled for some unapparent reason and thus stalled my iPhone. They had me go to iTunes on my desk top computer to complete the update download and I got an error message on my desktop saying that my iPhone could not be updated but could only be restored to factory settings. We then proceeded to restore but an error came up saying that my iPhone could not be restored. So Apple did nothing because they said that they didn’t know what to do. I waited two days and tried the restore again. This time the phone restored but wanted me to sign in via an old email which I no longer have. I contacted apple again and they told me that I will have to wait 12 days for security purposes and then they’ll see if there’s anything they can do.
    My business is attached to my iPhone and now I have already lost thousands in income due to Apples update stalling my iPhone and apple unwilling to do anything. They told me themselves that the 12 days of waiting will not change anything as security goes, they won’t identify anything more that can prove who I am but that is their computers decision and their sticking to it. My only option is to by a new iPhone in the mean time. Someone at Apple should go to jail for crimes against their consumers rather than them just paying for lawsuits out of their pocket Change. For if they started getting jailed for these fraudulent actions then they would stop committing these crimes.

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