Apple iOS 11 and Other iPhone Updates May Have Slowed Older Phones

A new class action lawsuit has been filed in U.S. District Court, alleging that the Apple Company, makers of the popular iPhone, deliberately caused older phones to slow with their most recent OS upgrades.

Older Apple iPhones slowed down by using operating system updates such as Apple iOS 11. Apple iOS 11 was available for download in September 2017.

The plaintiff in this class action lawsuit is Marc H., a resident of the state of New York. He is filing this legal complaint on behalf of himself and others who may have been taken advantage of by the Apple Company. The Apple Company is a California-based corporation doing business in all 50 states and throughout the world.

Apple iOS updates such as the most recent Apple iOS 11 have been stated by the manufacturer to be for the benefit of the consumer. According to the lawsuit narrative, the updates allegedly bring older phones and their programs and applications current, allowing for maximum functionality. Additionally, the Apple iOS updates are ideally supposed to allow access to the most recent security features.

Complaints Associated with Different Updates

Users of the Apple iPhone have not been remiss in their complaining about problems incurred after downloading Apple system updates such as Apple iOS 11. According to Marc, as far back as 2010, users have registered the issues they have experienced after these updates:

Apple iOS 5                  Accelerated Battery Drain on Phone

Apple iOS 6                  Problems with Cellular Network or Bluetooth Functionality

Apple iOS 7                  Accelerated Battery Drain on Phone

Apple iOS 8                  Miscellaneous Performance Issues on Older Phones

Apple iOS 9                  Bug “Error 53” Affecting Replaced Touch ID Sensors

Apple iOS 10                Sudden Shutdown of iPhones 5 & 6, Then Slowing of Same Devices

With this history not forgotten by consumers, there has been lots of talk regarding the possibility that Apple Inc. has been tinkering with updates to deliberately cause functionality issues with older phones. The motivation for doing this has been purported to be getting people to upgrade phones as new models are released on the marketplace, a fiscal boon for the company.

According to the iPhone class action lawsuit, after the Apple iOS 11 update, one blogger issued a report plotting out the functionality of iPhones 6s and 7 before and afterwards. In this report, he speculated that Apple Inc. was deliberately causing the slowing of older phones through the update process.

On Dec. 20, 2017, Apple Inc. admitted that this was the case — updates did deliberately cause slowness and functionality issues in older phones.

The plaintiff, Marc H., is bringing the following allegations against the Apple Company: Violations of New York General Business Law—deceptive acts and practices unlawful—false advertising; breach of express warranty; negligent misrepresentation; intentional misrepresentation; and unjust enrichment. He is an owner of an iPhone 6 and believes the Apple iOS 10 update slowed down his phone.

Marc is asking for this class action to be certified as such and himself to be instated as class representative. He asked for a trial by jury with an award issued against defendants that includes compensatory damages, statutory damages, restitution, and return of attorney and court fees.

The Apple iOS 11 Upgrade Lawsuit is Case No. 2:18-cv-00046 in U.S. District Court for the Eastern District of New York.

Join a Free Apple iPhone Throttling Class Action Lawsuit Investigation

If you owned an iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE, iPhone 7 or iPhone 7 Plus that performed slower after an iOS update or would unexpectedly shut down for seemingly no reason, you may qualify to file or join an iPhone class action lawsuit.

Get a Free Case Evaluation Now