Just days after Apple successfully dodged a lawsuit over iMessage, the Cupertino firm is finding itself the target of another legal battle.
A class action lawsuit has been brought against Apple in New York, with the plaintiffs claiming that Apple intentionally slowed down the iPhone 4s with the update to iOS 9. The complaint accuses Apple of “deceptive trade practices and false advertising,” claiming that Apple portrayed iOS 9 as compatible with the iPhone 4s but failed to warn users that the update could “significantly interfere with the device’s performance.”
The lawsuit goes on to say that Apple has been aware of iOS 9’s slow performance on the iPhone 4s because of its internal testing, but that it only touted the improvements of the iOS 9 update, like improved performance and battery life. After updating, though, the users found “significant usability problems during everyday use.”
Because they can’t revert to a previous version of iOS after updating, the users had to choose to either “use a buggy, slow device that disrupts everyday life” or buy a new phone. If they decide to buy a new phone, “Apple often benefits” because they’ll want to get a new iPhone to keep any apps and media they’ve purchased.
Apple has yet to issue a comment on the lawsuit, and so far no hearing has been set. The class in this lawsuit consists of more than 100 members, and it’s seeking more than $5 million in damages.
Apple does tout the iPhone 4s as being compatible with iOS 9, but because the iPhone 4s launched in 2011, its older hardware understandably will not run as well as an iPhone 6s, especially after the iPhone 4s has been used for years. This may not be common knowledge to everyone, though. And those folks might be upset when they update their iPhone 4s, only to find that their phone doesn’t work as well as it did before the update. Of course, that doesn’t mean that this lawsuit will succeed. In fact, a similar lawsuit was brought against Apple in 2011 following the iOS 4 update that affected the iPhone 3G’s performance for some folks, but that case was eventually thrown out.