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.  


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1,336 thoughts onApple Accused of Intentionally Damaging iPhones with Update in Class Action Lawsuit

  1. Caller Coney says:

    Please add me. I just upgraded from iPhone X to iPhone 12 Pro Max because the FaceTime kept messing up on the X, but they could not find the problem. When I receive FaceTime calls, the person could not see me, so I would have to hang up and call them back.

  2. Paul colombo says:

    Add me

    1. Tina Bryant says:

      IM so glad i found this also… I have an IPHONE 8 plus and I have had so many problems with this phone. I had to get a replacement and now it is acting up. The battery takes a long time to charge and then it gets hot and shuts down. Then my screen during calls just goes black and then when I am receiving calls it goes black and I can’t answer. I don’t have the money to upgrade to a new PHONE APPLE…… Fix the problems please

  3. gloria delatorre says:

    please add me

  4. Kerrie Phillips says:

    Omg I am so glad I found this! I have a IPhone 8 and have absolutely been affected by Apple updates, especially this last one!. My battery takes forever to charge now and internet runs slow even though I am on WiFi. It makes me angry that this is done on purpose. Please include me, if possible, in this case. Thank you.

  5. Sandra Skaparas says:

    Please add me

  6. Sandy Martin says:

    Omg it never ends with apple updates

  7. Deborah Racey says:

    I had to turn my automatic updates off because of previous problems including the one related to this article. I had the exact same problem and when I inquired about it I was told to buy a new phone or a new battery. I didn’t do either, just waited it out (constantly charging) and the next update miraculously fixed the problem. I refused to install the last update because of this practice. YES I need a new phone, but it will be when I can afford it. Now they are telling me that the phone is too old (probably is) and they are doing away with the network that supports it and it will no longer work as of February 2022.

  8. Robert r says:

    Yes add me my phone battery is slow

  9. Daniel Serrano says:

    My phone is slower after updates.Add me please

  10. Guido Luis Pales says:

    Please add me. IPhone 12 pro. Taken 3 times to Apple store and they claimed that everything checked out fine or in the green.
    Screen freezes at times. Decreased battery.

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