Christina Spicer  |  June 8, 2021

Category: Electronics
(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.

1,337 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Joyce says:

    Yes I also had an iPhone 12s that doesn’t happen too and then finally somehow the whole phone stopped working which forced me to buy the new one that just came out for another thousand dollars. Not happy. Wishing now I had saved it as proof. I smashed it and tossed it. I love Apple Products have a lot of them but this stuff is not right. And I’m sure the average person will get that one dime. I think it’s a conversation Apple check out everyone like a years worth of free phone or something. That’s never gonna happen.

  2. Clara Redd says:

    I had an 8 and every time I downloaded a new upload my phones was getting slower plus my battery kept draining to the point it would die by half way thru the day. Now the same thing is happening to my 11 all these new upgrade versions my phone is not a year old and having all these problems with it

  3. Patrick Liotti says:

    Upgraded to iOS 14.6, Pages stop loading I have to reset the phone. Battery life has also diminished on this version.

  4. nuria torres says:

    add me i have serval iphones, the internet is terrible, drops calls, sounding like robot

  5. Deanna Hubbs says:

    Add me I have 2 IPhone 11 mine and my daughters phones are slow in uploading things. My daughters battery drains faster then mine. She on hers more then I am.

  6. Daronza Harris says:

    Add me also.. I have had the same issues with my iPhone XS max, and now my iPhone 12 max pro

  7. Derek Parrott says:

    Having issues with the sound being lower. Some connectivity issues to Bluetooth devices.Battery dies quicker than normal.

  8. Kevin says:

    On last 2-3 Iphones I had I experienced problems with dropped calls, battery draining and other problems which lead to me upgrading to newer versions of 11-12 Especially on my present phone with frequent updates with the new iOS, they encouraged me to install. They also overcharged me on the plan $77 for one phone which was more than my previous plan with sprint.. Then promised to give me the latest iPhone for more than my present phone, when a free upgrade was added without my consent for a additional $26 for 16 months. They said it suppose to be in that specific plan they cancelled it and said they refund me $50 after over charged plan for 16months but I can’t get a free upgrade now, I’m planning on canceling my contract with them and AT&T, for the problems I’m having and switch to a Android device.

  9. Gary Teaney says:

    Put me in too I have an iPhone 12 Pro Max

  10. Diana Papa says:

    Count me in. The last update greatly impacted my IPhone 11. It especially messed up my search capabilities once out of range of my home WiFi. My navigation drops or freezes almost every time I use it. This all happened immediately after an IOS update.

1 15 16 17 18 19 126

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.