An Apple throttling class action lawsuit may be an option for individuals whose older-model iPhones were intentionally slowed as the devices’ batteries aged. Multiple class action lawsuits have been filed after Apple admitted to slowing the performance of older iPhone models to prevent the devices from shutting down as battery performance decreased. Affected individuals may be able to pursue a claim with the help of a consumer fraud attorney.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated consumer protection attorney who can assist you throughout the legal process.
Plaintiffs Claim Performance Cap Forces Consumers to Upgrade to Newer Devices
Class action lawsuits are being filed on behalf of owners of older-model iPhones, including iPhone 6, 6 Plus, 6s, 7 and 7s models. According to a proposed class-action lawsuit filed by two consumers on December 21, 2017, Apple allegedly slows down the performance of older iPhones to intentionally prevent the devices from shutting down when batteries age. Plaintiffs in the complaint claim that they never consented to Apple doing this, and that Apple’s slower software performance interfered with their “use or possession of their iPhones” and forced some consumers to upgrade to newer devices.
Apple has admitted that their iPhones get slower as they age, and the company issued an apology to its customers, labeling the issue as a “misunderstanding.” According to a message to its customers published on December 28, Apple stated that it would never “do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades.”
To address the concerns of older-model iPhone customers, Apple is reducing the price of an out-of-warranty iPhone battery to $29 for customers with an iPhone 6 or later whose battery needs to be replaced, starting in late January through December 2018. Likewise, the company plans to issue an update to its operating software that will give users insight into the health of their device’s battery.
How an Apple Throttling Class Action Lawsuit Can Help
When a company engages in false or misleading advertising of its products, or otherwise commits deceptive trade practices, that company could be liable for any damage that result.
The actions of the defendants could constitute fraud and misrepresentation, breach of implied contract, as well as violations of various state and local consumer protection laws, including California state laws.
Compensation may be sought for:
- Replacement of old phone
- Loss of use
- Costs incurred by owners, including loss of value, attributable to any wrongful conduct
- Refund of the purchase price paid for affected services, including the purchase of new batteries
- Damages related to violations of consumer protection acts
- Attorneys’ fees
Individuals who own an older-model iPhone may be eligible to pursue damages through an Apple throttling class action lawsuit and are encouraged to seek the advice of an experienced consumer fraud attorney to learn more about their rights and remedies.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.