Apple Fails to Nix iOS 7 Update Class Action Lawsuit

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Apple’s recent motion to dismiss a class action lawsuit regarding the iPhone iOS 7 update for iPhone 4s model phones has been denied. The class action lawsuit alleges that Apple failed to warn owners of iPhone 4s models that installing the iOS 7 update to their phones would disable network functions that previously were operating on the phone.

Plaintiff Thomas Butler filed the iPhone update class action lawsuit on behalf of all California residents who own an Apple iPhone 4s no longer covered under warranty who lost their Bluetooth and Wi-Fi capabilities after installing iOS 7 or later.

Butler says that notifications were sent to iPhone 4s users to persuade owners to download iOS 7, the update that “features a beautiful new design and contains hundreds of new features, including control Center, AirDop, iTunes Radio, and improvements to Notification Center, Multitasking, Camera, Photos, Safari, Siri and more.” The advertisements sent to iPhone 4s devices apparently also said that the update would “fix bugs and bring further improvements” to the device, according to the iPhone update class action lawsuit.

Butler states in his class action lawsuit that he would not have installed the iOS 7 update if he had known he would be disabling features that previously worked and that his ability to connect to Wi-Fi and Bluetooth would be inaccessible. He also alleges he suffered damages for a phone that became devalued and he suffered economic loss when had to pay $199 for a refurbished phone to replace his original.

The new versions of iOS, including iOS 6.1.3 and iOS 7, are not fully compatible with the iPhone 4s model phones, according to the iPhone update class action lawsuit. If a user installs either of the two updates, the phone’s capability to connect to the Internet via Wi-Fi and Bluetooth connection options are reportedly disabled.

When the iOS 6.1.3 version was released, Apple replaced most of the iPhones that were affected by the issue because the update was issued while many of the phones were still under warranty. However, Apple has refused to provide replacement phones or software updates to affected devices that had the iOS 7 update installed by the user, allegedly because they said the phones were no longer under warranty.

Apple’s most recent action in the class action lawsuit was a demurrer against Butler’s First Amended Complaint that followed the original iPhone update lawsuit. The FAC alleged that the Apple violated two sections of the Business and Professions code. The demurrer was filed as an objection to the allegations in the First Amended Complaint.

Apple hoped to dismiss the California class action lawsuit, but the court overruled the demurrer.

“Plaintiff alleges that the representations … were misleading and likely to deceive the public because they were entirely positive and did not include any information about the possibility that the updates would render the Wi-Fi and Bluetooth capabilities of the iPhone 4s devices inoperable,” Judge Peter H. Kirwan wrote in the ruling. “These allegations are adequate under the [False Advertising Law] to state an actionable misrepresentation.”

Butler is represented by Jeffrey F. Keller and Carey G. Been of Keller Grover LLP and Scot Bernstein of Law Offices of Scot D. Bernstein.

The Apple iOS 7 Update Class Action Lawsuit is Butler v. Apple Inc., Case No. 1-14-CV-262989, in the Superior Court of California, County of Santa Clara.

UPDATE: October 2019, a website has been created for Apple customers who may benefit from a $6.6 million class action settlement which will end consumer allegations that installing the iOS 7 software update on iPhone 4S phones resulted in network problems.