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. Donna Fresnilla says:

    My battery runs out really fast after the IOS 14.6 update. Very frustrating. Please add me.

  2. Christy says:

    Add me to this as well. My iPhone XR is pure junk, having to charge multiple times daily and anything takes forever. Ready to change back to android because of this.

  3. Catherine Maurer says:

    I consistently upgrade to the latest software when Apple recommends it because I’m thinking I’m doing the right thing particularly security wise however
    I have the iPhone 11 less than a year old The battery always drains despite my not not using it a lot or streaming !thought it was the many apps that I had on my phone so I discontinued a lot of them but my battery life continue to drain my phone overheats frequently
    I’d like to be added to this class action lawsuit please

  4. NANCY FIELDS says:

    This has also happened to me. I phone XS Max…… battery only last 1/2 day- slow

  5. Stefanie says:

    Please add me. I’ve had this issue with multiple phones.

  6. Dan says:

    The IPhone 12 Pro Max and I phone X I have are extremely slow especially after the updates! Please add me!

  7. Latanya pete says:

    How do I get in on This? My household had 4 iPhones, we can no longer use. Was forced to buy new phones, after they forced us to update software.

  8. Ida says:

    We have several iPhones that has slowed down tremendously and please add me.

  9. Rose henaine says:

    Please add me I have the 11 and is really be acting up

  10. Maléne Latu says:

    Please add me

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