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Apple in a Class Action Lawsuit

class action

iPhone 4s users are bringing Apple to court in a class action lawsuit that is seeking $5 million in damages from the Cupertino Tech giant. The plaintiff’s claim that Apple failed to warn users that their device will slow down significantly and not perform well after updating to iOS 9 and that the plaintiffs were forced to either live with a “slow and buggy” device that “disrupts everyday life” unless they spend hundreds of dollars for a new iPhone.


Plaintiff and the Class bring this action against Apple Inc. for deceptive trade  practices and false advertising in violation of New York General Business Law § 349 and § 350. Plaintiff and other owners of the iPhone 4S were harmed when their devices’ software was updated to the newest version, iOS 9. The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new  phone. Apple explicitly represented to the public that iOS 9 is compatible with and supports the

Case 1:15-cv-07381-SJ-LB Document 1 Filed 12/29/15 Page 1 of 14 PageID #: 1

iPhone users can’t easily downgrade their devices to a previous iOS version, so the plaintiffs feel they’re forced into either using a slower phone or purchasing a new one.

Planned obsolescence is something that Apple has been accused of before.The Cupertino tech giant was served with a similar lawsuit in 2011 in regards to the iPhone 3G and iOS 4. The judge at that time trough out that case. He ruled that the iOS 4 update was not a “good or a service” and dismissed any claims of false advertising and deceptive business practices.

We’ll have to wait and see how the judge rules in this case.

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Carmine Delligatti-Drummer, former Support Manager for Deneba Software, ACD Systems, Mareware, Inc. and Swiss Made Marketing. Avid technology blogger and Managing Editor of