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TCPA robocall smartphone cell phone mobile phoneApple Inc., a California corporation, faces an iPhone class action lawsuit filed by plaintiff John Solak, a New York resident on behalf of himself and all others similarly situated.

According to the iPhone class action lawsuit, Solak says that he purchased his iPhone 6 roughly two years ago. He says he later installed and downloaded an iOS update. He claims that following the update, his phone slowed down, giving him poorer performance than what he originally paid for.

Solak states that it was in June 2017 that he noticed how significantly his installation of the iOS download began to affect his phone’s performance. Moreover, he says that thanks to press report releases, he realized that “Apple had intentionally caused this throttling without his knowledge or permission.”

iPhone Class Action Lawsuit

The Apple iPhone class action lawsuit states that the tech giant company deliberately designed recent iOS updates to slow down older iPhones in the hopes of causing owners to upgrade and trade them in for a new iPhone. Solak proposes to represent a Class of consumers who after upgrading their iPhone 6, iPhone 6s, iPhone SE, and iPhone 7, through an iOS update, had their phones slow or unexpectedly shut down.

In a report released from GeekBench on Dec. 18, 2017, Apple admitted to the deliberate changes it made to the iPhone software to allow the phone to run slower. According to Apple, however, they stated that these changes were necessary. Apple explained that the older an iPhone got, the more unable it was to counter an iPhone’s power demand. An iOS change was made to allow the system’s processing to not require as much power.

However, the GeekBench report questioned what was going on. They explained that “While we expect battery capacity to decrease as batteries age, we expect processor performance to stay the same…” After the battery is replaced, an iPhone’s Geekbench score report allegedly increases, as well as the performance of the phone.

The iPhone class action lawsuit seeks to represent consumers who developed a loss in the iPhones’ performance and speed following an iOS update. The company is accused of failing to inform consumers that a simple battery change could have improved their iPhones’ performance at a much lower cost than the purchase of a new phone that ranges at about $1,000 per new device.

Critics state that Apple should have been more transparent with making the necessary changes in its software and upgrading to a new iOS version of the phone that would impact its speed and performance.

According to the iPhone class action lawsuit, “[w]hether Apple had good reason to install performance-throttling software on certain iPhone models is debatable to say the least.”

“In fact, Apple’s decision to engineer and install throttling features without the knowledge or consent of its customers speaks to a design, manufacturing, or marketing flaw, or some combination of these flaws.”

The iPhone Class Action Lawsuit is Case No. 5:18-cv-00123, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: July 2020, the Apple iPhone performance class action settlement is now open. Click here to file a claim. 

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.

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38 thoughts onApple Faces iPhone Class Action Lawsuit Due to Impaired iPhone Performance

  1. Jugundi A Singleton says:

    Had to replace my children iPhones, 3 of them…

  2. Lisa Lawson says:

    I’ve experienced many of the same issues with iPhone 7. How do I signup to be a part of the class action lawsuit

    1. Bathsheba Erickson says:

      I have a iPhone 6s had problems with charge not lasting long

    2. Rosalind Duncan says:

      I have had my iPhone 6s beginning May 25, 2016. I do not use my phone incessantly. It is increasingly slow, does not support any chargers except those manufactured by Apple. It also does not hold a charge, rendering it very inefficient as well as ineffective!

  3. Renee Rice says:

    I ended up having to buy a new phone. My iphone6 kept shutting off. When sending a text no matter what letters I hit, it would insert its own letter instead.

  4. Carol S says:

    I have a 6s plus since 2017. I have multiple issues, slow, I-have to recharge numerous times in a day. And I can only charge my phone with a wall outlet plug, no longer able to use car charger, some silly message comes up starting with these words, “cannot support……” Sometime I am unable to google, it either is in thinking mode, and never connects or I get a box that says “try again”. It’s so frustrating. There’s no rhyme or reason when it happens. Please add my name

  5. JoAnne says:

    So much money for these phones I have 6 iPhone 6s. My family plan. Nice to know this is being noticed

    1. Dreshayne Spohn says:

      What about iPhone owners in Oklahoma

  6. Pamela Taylor says:

    I do own an iPhone 6 Plus it shuts off whenever it feels like it many times a week then I have to reset it and what’s most irritating is I could be in the middle of work or some sort of paper typing and it just be wiped away due to this issue .I also have terrible issues with my iPhone my battery drains excessivley especially on wenesday and a few other days a week it won’t stay charged for long before needing recharge. The microphone goes in and out. The microphone gets crackly sometimes it works sometimes it doesn’t. I lose ability to hear people and them to hear me in my home and other places. I am now having issues with the ringer it’s not ringing, ringer on and all settings are correct. I’ve had to return a phone for past reasons only to continue to have the same issues! I had to pay 100$ deductible because of this each time. They say defective phone! How can the same issues and each phone all be a defective phones? I think the iPhones are defective all of them with these issues . I lose data and sometimes don’t receive calls and texted from others from what people are saying that they called or texted and I got nothing. Why are they allowing telemarketers to have our cell numbers? Or if it is them or how they are getting our numbers as I’ve heard others complain of the same issues with tetemarketers. I’ve got many telemarketing calls not sure this has anything to do with them but it burns up data and minutes as well as time I’ll never get back. At times when I have two incoming calls one will register one won’t from what I’m being told by other others that they called me at such and such time and at that time I look I was on the phone with someone else my two way calling is not working properly all my settings are correct on the phone it’s continuous ongoing issues with this phone. I get kicked off The Internet at times in my own home, certain apps will not work periodically, sometimes it’s just a barrage of many factors going on with this phone this is not the first iPhone I’ve had these issues with my other iphones some of the same issues all smart phones all iPhones. Another issue I’ve seen going on a lot lately is the voice recording and writing feature as I say words they go in correctly and as I send the text it changes the word to what it wants to change it to and the text looks so unprofessional however I do not know what word it’s going to change when it sends it. Or it will just go through out and change it as I’m talking or. writing and I have to re-read and retype multiple times to get it to work correctly. Another thing I noticed is picture clarity it isn’t what I thought it was gonna be or what I seen it to be. One more thing every time I’ve done and I had iphone ISO update on a new iPhone my last 6+ that I had to get replaced both times I’ve done the updates and I get an iTunes cord appear rendering the phone inactive and have to go have an Apple Store for a factory restore. The Apple store almost 40 miles away from my home as it is the closest and only a few in the state and then I have to wait multiple hours even with an appointment on top of that I lose half of my information, contacts and even pictures. I know you can back things up but if the iTunes cord is on there and there’s no way of backing anything up you cannot get into the phone it doesn’t work at all the only way to restart the phone is to do a restore it is a factory reset. My issues with my iPhones

  7. Kelley Wilson says:

    I am also a part of this expensive iPhone nightmare! Please include me

    1. Top Class Actions says:

      The article includes a form you can fill out to determine if you qualify to participate in a class action investigation. Please be as detailed as possible. Attorneys review the forms and will contact you directly if you qualify.

      1. Rana says:

        Where is that form .?

  8. Beth H. says:

    Not sure if my first comment sent due to the sluggishness of my I-Phone 6. It is beyond frustrating. My phone shuts off for no apparent reason & seems to take its sweet time when I’m trying to take a picture (6-7 seconds). Same issue when trying to type in the google search engine. Too many problems to mention!

  9. Becky burchett says:

    Pls add me

    1. Top Class Actions says:

      The article includes a form you can fill out to determine if you qualify to participate in a class action investigation. Please be as detailed as possible. Attorneys review the forms and will contact you directly if you qualify.

      1. Dreshayne Spohn says:

        Hi iowen iPhone 6 and yes after downloading the iOS my phone didn’t perform any better if anything it got worse it pulls up apps when I’m or I should say pop app will appear on my phone when I’m not using it my wallet pay kept trying to bill me for the free app that it offered extra. So how do I join this class actin lawsuit???.

        1. Dreshayne Spohn says:

          Please what steps or forms I need to participate in this class action lawsuit on the IPhone 6&7. Please Direct guidance will be highly appreciated. Thank You.

  10. Tonya Morgan says:

    I have been a part of this iPhone battery disaster of my phone shutting down sometimes 3 times within 20 minutes apart.
    There are many other issues as well.
    I am disabled and simply can’t go places getting new battery or this or that so I’d like to know how I can get this phone problem and problems likes into
    Thank you

    1. Top Class Actions says:

      The article includes a form you can fill out to determine if you qualify to participate in a class action investigation. Please be as detailed as possible. Attorneys review the forms and will contact you directly if you qualify.

    2. Dreshayne Spohn says:

      Hi iowen iPhone 6 and yes after downloading the iOS my phone didn’t perform any better if anything it got worse it pulls up apps when I’m or I should say pop app will appear on my phone when I’m not using it my wallet pay kept trying to bill me for the free app that it offered extra. So how do I join this class actin lawsuit???. I had to to totally shutdown my phone restart my phone as a apple support member helping while she shutdown my phone at there main head Quaters hoping all my data wouldn’t be lost. And it performs very poorly for a updated. Updating to iOS Made my phone Unreliable in so many areas.

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