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. Janice munday says:

    Add me. I had to buy a new iPhone because they crashed my iPhone 6 with all the updates. It would freeze or turn itself off

  2. Tamara Edwards says:

    Add me

  3. Carlo rivera says:

    Add me

  4. Teresita Neypes says:

    Add me

  5. Dian Rivera says:

    Add me. Purchased IPhones different kinds of model due to slowing down unit.

  6. Greg Gaubert says:

    The volume on my phone for hearing does not do well and never want to do an update because crazy things happen. At first the phone is great for about a week. Then it will start texting words that are not even close to the subject. I will text one person and send a message to the wrong one and not by operator fault. The Wi-Fi on the phone is so up and down, And they want you to buy another phone. I will not buy another Apple product.

    Add me

  7. Joseph Gilbert says:

    I’ve have 2 iPhones 7plus and they both are having multiple problems, before this all started I was getting blown up with emails about FREE iPhone update, I know it’s not FREE, as kept turning down offers and finally sending 2 junk mail and tried unsubscribing, numerous times… then problems started happening, phone wouldn’t connect to wi-fi, had too turn phone off and on multi-able times, then volume would work, again turn off and on, then dropped calls and tried calling back with just a black screen and wouldn’t ring in, again with the off and on… I can go on and on with these kinds of problems… don’t forget the phone calls too apple, but wait for a small fee of $149.00 apple can look at it… YEH REALLY

  8. Newman Lollis says:

    Yes. I just had to purchase a brand new IPhone because of an update. After I updated my phone it quit working at all. I went to the IPhone store here in Dallas and was told that I must buy a new phone because my old phone would not work on Apple’s system. It was working great until I tried to update. My new phone cost me $421. This occurred about two months ago. Newman Lollis 202-235-4696 Phone me I definitely want be a part of this lawsuit.

  9. Juanita Thompson says:

    I have an 11 pro max. My calls drop, I don’t receive my messages in real time, my screen freezes my phone makes calls that I didn’t call just to name a few. Doesn’t hold a charge.

  10. Lisa Joyce says:

    Our IPhones were IPhone 6 and 7s the updates just trashed our battery life and were were forced to buy new phones.

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