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he closed up of Apple Store
(Photo Credit: PJenviri/Shutterstock)

 

Update:

  • Apple has agreed to pay $20 million to resolve claims made by iPhone 4S owners that its iOS 9 update caused their devices to slow down, crash and become more difficult to use. 
  • iPhone 4 owners will be eligible to receive $15 per affected device, per the settlement agreement.
  • Class members must submit a sworn declaration that they owned an iPhone 4 device that was slowed down after they were forced to update it to iOS 9.
  • Claimants may be eligible to earn up to $150 per device depending on the amount of class members who ultimately join. 

(11/03/2017)

Apple Inc.’s motion to dismiss a class action lawsuit alleging a software update caused iPhone 4 smartphones to become unusable was denied by a New York federal judge, who found the plaintiffs properly argued that Apple’s iOS 9 update was misrepresented.

In its motion to dismiss the iPhone class action lawsuit, Apple had argued that plaintiffs Roslyn Williams, Chaim Lerman, Christina Gonzalez and James Vorrasi can’t bring fraud and misrepresentation claims because they are bound by a user agreement that warns of potential usability issues.

However, U.S. District Judge Sterling Johnson Jr. disagreed with Apple’s argument and found that the plaintiffs adequately brought forth arguments that Apple misrepresented the iOS 9 update as helpful for their phones when the update actually rendered them unusable.

The plaintiffs allege that prior to downloading the upgrade, they were informed that iOS 9 would improve the functionality of their iPhones. They claim that they received update alerts encouraging them to download the software update. When they followed the prompts, they reportedly were led to a download screen that included the following information:

“With this update your iPhone, iPad and iPod Touch [will] become more intelligent and proactive with powerful search and improved Siri features ….” The message also stated that “improvements at the foundation of the operating system enhance performance, improve security and give you up to an hour of extra battery life.”

According to the plaintiffs, Apple knew from internal testing that the iOS 9 upgrade would adversely affect the functionality of iPhone 4s devices, but the company failed to notify iPhone owners about that possibility. No reasonable consumer would have thought that a software update that was meant to improve the functionality of their devices would actually render them unusable, the plaintiffs allege in their Apple class action lawsuit.

After installing the iOS 9 update, the plaintiffs say that their phones became buggy or unusable. Two of the named plaintiffs opted to purchase a newer iPhone after the update. Two others decided not to spend the money for new devices even though they experienced significant slowness and other issues that made their iPhones difficult to use.

“The court is hard-pressed to find any context which makes ‘enhance performance’ compatible with ‘destroys iPhone 4S devices,’” Judge Johnson wrote in his order denying Apple’s motion to dismiss the iOS 9 update class action lawsuit. He agreed that a reasonable consumer would consider the user agreement together with the representations on the download screen and might conclude that it was safe to download the iOS 9 update without damaging their devices.

The Apple iOS 9 update class action lawsuit was filed on behalf of proposed New Jersey and New York Classes that would cover consumers with an iPhone 4s that was updated to iOS 9 or a later version of the operating system.

The plaintiffs are represented by Peretz Bronstein and Shimon Yifatch of Bronstein Gewirtz & Grossman LLC.

The Apple iPhone iOS 9 Update Class Action Lawsuit is Chaim Lerman, et al. v. Apple Inc., Case No. 1:15-cv-07381, in the U.S. District Court for the Eastern District of New York.

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63 thoughts onApple Class Action Over iPhone 4 Update Settled For $20M

  1. Russell Brown says:

    I still have two iPhone 4s that are and have been unusable since the update. Actually forced me to have to update to the new iPhone 5. Please add me. I thought I asked to be added. I Can verify the two phones still storing in my dresser.

  2. JIM MILLER says:

    JUST GOT EMAIL WITH PAYMENT

    1. Danielle says:

      Add me

    2. Justina Session says:

      I just got a email with a payment link. Has anyone successfully used it?

  3. Trina Jacquillard says:

    I’d like to know when they plan on making this right on all of us Apple consumers, and the fact when I signed up for this class action lawsuit they requested on form your phone’s info which when I did kicked back I guess unfounded/ unrecognizable. I’d like to know how how since it was purchased new from Verizon under contract years ago.

  4. Lisa F says:

    They should be held accountable Apple knew they were in the wrong

  5. Joshua blosser says:

    Please add me

  6. Heidi says:

    When will we get paid?

  7. Jannette Imasa says:

    Add me

  8. Kenneth Woodard says:

    Add me to suit

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