Apple Urges Judge To Dismiss iPhone Class Action

Apple recently motioned to dismiss an iPhone 4 FaceTime class action lawsuit against them, arguing that the allegations blatantly copies another suit.

Plaintiff Austin Belanger claims in his Apple class action that the company intentionally forced users of iPhone 4 and 4S phones to upgrade to the iOS 7 system – causing iPhone users to suffer from performance issues.

Apple recently argued that a Florida federal court should dismiss these claims, citing Florida’s four year statute of limitations.

The tech giant also argued that Belanger is a “copycat” who “openly copies” similar claims brought in another Apple class action lawsuit.

Belanger reportedly filed his Apple class action in August 2019, only a week after the California suit survived a motion to dismiss the case. Apple argues that “Belanger could have filed years ago,” but instead waited until after the California Apple class action was successful in moving forward.

According to Belanger’s Apple class action, Apple intentionally forced iPhone 4 users to download the iOS 7 software by changing the way that the phones’ FaceTime feature worked. After the release of new software, iPhone 4 smartphones running iOS 6 were allegedly unable to use FaceTime due to the changes made by Apple.

Belanger argues in the Apple class action that this move aimed to help the tech company save on relay fees. When FaceTime operated under iOS 6, the service allegedly relied on a relay server in order to connect two users. This server reportedly charged Apple fees in order to connect FaceTime calls – fees that Apple allegedly sought to eliminate with iOS 7 changes.

As a result of the alleged scheme, Belanger and other iPhone 4 consumers were reportedly forced to either upgrade their software or purchase a newer iPhone.

Belanger sought in his Apple class action to represent a Class of consumers who owned an iPhone 4 or 4S phone that was running iOS 6 or earlier as of April 16, 2014.

Apple’s recent motion for dismissal claims that it did nothing deceptive by making changes with its iOS 7 and “never promised that FaceTime would work without any changes forever. Belanger does not even attempt to argue that reasonable consumers would expect otherwise.”

The tech giant argues that even Belanger notes that Apple informed him and other consumers about the reason behind the changes – stating that a device certificate was expired and that software changes would solve the problem.

“However, [Belanger] said Apple did not disclose the alleged reason for and purpose of solving the issue with a software update,” Apple argued in its dismissal motion. “But Belanger does not allege that Apple misrepresented its motive or made any representations about its motive at all.”

Did you purchase an Apple iPhone 4 that suffered from performance issues while using older operating systems? Let us know what you think of Apple’s bid to dismiss the class action against them?

Belanger and the proposed Class are represented by Adam Moskowitz, Howard Bushman and Adam Schwartzbaum of The Moskowitz Law Firm.

The Apple iPhone Class Action Lawsuit is Belanger v. Apple Inc., Case No. 1:19-cv-23623, in the U.S. District Court for the Southern District of Florida.

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