Two New York men have added their iPhone lawsuit to the litigation over the slower phone performance blamed on a recent software update.
Plaintiff Eliezer Rabinovitz owns an iPhone 6S, and plaintiff Victor Mazzeo owns an iPhone 7. The defendant in this New York state-based class action iPhone lawsuit is Apple Inc.
The narrative of the iPhone lawsuit alleges that Apple deliberately caused older iPhones to slow through operating system updates released on the following dates:
- iOS 10.2.1 January 23, 2017
- iOS 10.3 March 27, 2017
- iOS 10.3.1 April 3, 2017
- iOS 10.3.2 May 15, 2017
- iOS 10.3.3 July 19, 2017
- iOS 11.0.1 September 26, 2017
- iOS 11.0.2 October 3, 2017
- iOS 11.0.3 October 11, 2017
- iOS 11.1 October 31, 2017
- iOS 11.1.1 November 9, 2017
- iOS 11.1.2 November 16, 2017
- iOS 11.2 December 2, 2017
- iOS 11.2.1 December 13, 2017
The iPhone lawsuit narrative continues by stating that before Apple pushed out the updates, there was no warning to owners of older iPhones that the new operating systems would slow their phones down. Additionally, the plaintiffs believed it was imperative that the latest update be accepted by owners of older phones because eventually apps would no longer function normally without it.
The lawsuit also states that continual pop-ups and reminders of updates prevent owners from ignoring changes and, once changed, it is impossible to return to a previous iOS level.
The plaintiffs claim that the slowing of older iPhones mentioned in this iPhone lawsuit was deliberately engineered by Apple to spur consumers to purchase the latest upgrade to the iPhone for several hundred dollars.
The plaintiffs accuse Apple of violating New York General Business Law. They seek to represent a class of similarly-situated individuals that own older iPhones that experienced slowing, buggy, or failing phones after these iOS updates.
The chief complainants are bringing the following counts against Apple Inc.: Count One—Violation of New York General Business No. 349; Count Two—Violation of New York General Business Law No. 350.
Count one concerns false advertising, making misleading statements, and omitting or failing to disclose certain information. Count two concerns making positive or affirmative statements regarding update without warning about negative effects or decreased functionality.
The plaintiffs are seeking relief from the court on their behalf and on the behalf of the Class they seek to represent. They seek a trial by jury with favorable compensatory and treble damages.
They hope for court and attorney fees to be returned and Apple Inc.’s allegedly illegal practices to be curtailed. Finally, they ask for any other damages as the jury sees fit after wearing the evidence presented at trial.
This iPhone Lawsuit is Rabinovitz, et al. v. Apple Inc., Case No. 1:17-cv-10032 in U.S. District Court for the Southern 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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2026 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
