Apple iPhone iOS 9 Update Class Action

In this class action lawsuit it is alleged that owners of the iPhone 4S were harmed when their devices updated to defendant to a new version of defendant Apple's operating system (iOS 9), as the software caused significant slowing of the iPhones and interference with normal daily use. The plaintiff alleges that Apple made explicit representations that the update was compatible with the iPhone 4S and failed to warn owners that accepting the update could substantially hinder the performance of their devices. 

The plaintiff in this class action lawsuit is a resident of New York who owns an Apple iPhone 4S and whose device was updated to iOS 9, defendant's latest version of its operating system. According to the complaint, the plaintiff's device received the iOS 9 update soon after its release by Apple and quickly began to exhibit problems. The phone's functions began to operate at a slower speed than before the update, the plaintiff observed delayed responses to touch interactions and app launches and a number of other issues with everyday functions started to emerge. Essentially, according to the plaintiff, the device became slow and buggy with regard to core functions such as email, text messages, contact lists and the phone itself. Further, freezes and crashes became more frequent.

It is alleged that in encouraging device owners to update to iOS 9, Apple does not provide a warning that such an update is irreversible and that users cannot revert to a previous, better functioning version of iOS. Plaintiff states that Apple is and has been aware for a significant period of time that iOS 9 often has a negative impact on 4S performance and functionality, yet never warned consumers of the potential for trouble. In fact, Apple's marketing initiatives include statements suggesting that updating devices to iOS 9 will in fact boost speed and performance and will also offer "improved security" against attacks from hackers and other internet-related dangers. According to the plaintiff, Apple explicitly represented that because everything is designed to work together, updating to the new iOS is always a seamless process certain to benefit owners.

As a result of the issues related to the iOS update, according to the complaint, the plaintiff and other similarly situated 4S owners have been faced with the dilemma of using a slow, buggy device or making a substantial investment in a new phone. Apple will often benefit from this conundrum, according to the plaintiff, because many consumers will choose a newer version of the iPhone so as to retain previously purchased apps and to ensure ease of information transfer from phone to phone. 

Apple's conduct relating to the impact of its iOS 9 update on existing iPhone 4S models is, according to the complaint, a violation of the deceptive trade practices and false advertising sections of the New York General Business Law. Therefore, plaintiff is seeking on his own behalf and on behalf of similarly situated members of the proposed class, treble damages or the maximum amount allowed under New York law (whichever is greater), an order enjoining Apple's unlawful practices and requiring corrected disclaimers and advertisements and an award of attorney fees and costs of bringing suit.

 

Article Type: Lawsuit
Topic: Consumer
Tags: Cell Phone Charges, Defective Product, Electronic Apps and Updates