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. Rose says:

    Please add me, I have an iPhone 11pro, battery life is short, at best and sometimes it just shuts down on its own. I do all the updates as recommended.

  2. MARION R. ANDERSON says:

    Please add me. My phone has become such a hassle regarding the basic operation of it and the battery life and even the basic usage with the last seven of eight updates. This is absolutely ridiculous. This is a strategy to make you purchase their new phones however if you really want people to buy your new line of phones, you truly add insightful and beneficial applications to your phone period! Not just a different case color!

  3. rosemary Rukavina says:

    Got iph11 about a yr ago. Dounlosded Apples recommended iOS and security software. Now have battery I am constantly having to Chg and my phone doesn’t work as well as B4 dl

    1. Leonard Williams says:

      I have a iPhone promax12 and after I did updates it glitches out all the time and the screen shakes when streaming sign me up

  4. Joi James says:

    Please add me to this law suit. I have the I Phone 11 and did the newest update and been having problems ever since.

  5. Cassandra Patterson says:

    Yes, I would like to be added to the complaint. My phone has been slowed down.

  6. Rhonda Morin says:

    Please add me…every time I have a update my phone seems to work slower and slower.

  7. Robin Humphrey says:

    Please add me. I’ve had the same slow down issues after updating

  8. Tracy Elizabeth Hunt says:

    I have had issues with my iPhone 12 pro max after the update also. I thought it was just me and was attempting to reset my phone, but even though I have backup pics on my computer, I would lose them on my phone. The same goes with apps I have. I did not want to lose them. But my phone has just been acting like a turtle. Extremely slow.

  9. Dorothy Owens says:

    My iPhone died suddenly after updating. It was critical that I have probably functioning phone at that time. This occurred during the Covid crisis and I am the primary caregiver for my mom who is undergoing chemo and immunotherapy for stage 3 cancer. I also have a granddaughter who was scheduled for a heart procedure at CHOC. I rushed around to find a new iPhone that was in stock and available immediately. I have owned numerous apple products over the decades and never had a failure like this. Count me in.

  10. JACQUELINE WILKINS says:

    Add me fb please

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