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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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1,330 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit
iPhone 12 Pro here. This phone gets hot as a firecracker!!! The brightness randomly goes down on its on. While on the phone and during charging its temperature is entirely too high. Something needs to be done about this!
I have iphone 12 pro max
What to be apart of lawsuit
Hello my husband and I have IPhone 12 Pro Max and I have noticed that my battery drains before the end of the day and it also takes a while to pull something up and on my husbands phone he always complain about it going slow or someone calls him or me and it say that we’re not taking calls.
It seems that with every update, my iPhone 12 Pro has gotten worse. It gets incredibly hot and the battery has deteriorated substantially. It doesn’t keep a charge for very long. This phone was not cheap, especially since it was reportedly Apple’s first 5G phone. Extremely frustrated with this phone after only having it a couple years.
My iPhone 12pro with the last update it took it back to almost factory settings. I had to reinstall a lot of my apps. It is also slower than what it was before. I use my phone for work and I’m so tired of all the glitches.
My iPhone 12 Pro Max glitches to the point it shuts down, does a factory reset, turns back on and overheats right away with a warning that states “temperature warning… iPhone needs to cool down before use.” iPhone freezes and stops working altogether throughout the day sometimes.
This happens at least 2-3 times a week someone’s multiple times a day and continues.
11s iPhone is so hot to the touch, doesn’t keep a charge, slow moving & screen is bleeding. Apple will do nothing. Out of warranty they say. Excuse for everything.
Ios17 update will make older phones stop working?
We paid good money for these phone when they were new under the belief that they would last until we accidentally destroyed or lost them. We shouldn’t be forced to buy a new model since we took care of phone and keep them from harm. If they want to force us into a new phone, then it should be a free upgrade and it should our choice.
Don’t know that this involves updates; however, a screen dimming issue has developed on my 12 Pro Max over the past year – especially outdoors. It makes using the phone a horrible experience, not to mention hard on the eyes. I, along with others, have posted on the support forum and there’s never a reply. In fact, the only response I got from them was removing a mild expletive. They can’t possibly be unaware of the issue – and why it’s happening.
I would like to speak with someone about the recent update to my Apple phone (that was paid for!!!) and how my phone was damaged. I went to AT&T immediately because I work from my phone. They tried to fix it, but sent me to the Apple Store where of course, I was encoring to buy a new phone! Now, my phone bill has doubled. This is not right and I would like direction from a legal perspective; Thank you!