As 2017 is closing, new class action lawsuits have been filed in the courts against Apple. Class Action number 15 was filed by law firm Cohen & Malad on behalf of Peter A. Schroeder of Indianapolis Indiana. According to Schroeder, “Apple Inc.’s unlawful failure to inform consumers that updating their iPhone versions prior to the iPhone 8 (the “Legacy Devices”) to iOS 10.2.1 (and/or later to iOS 11.2) would dramatically and artificially reduce the performance of the Legacy Devices.” Schroeder added that “Normal lithium-ion battery wear does not reduce performance; a weakening battery has no effect on performance unless there is software that links the two. And that is precisely what Apple did.”
Please note that at the end of our report you’ll see a poll on whether Apple fans think an apology on this issue is enough.
Causes of Action
Count 1: Violations of Indiana’s Deceptive Consumer Sales Act
Count 2: Trespass to Chattels
Count 3: Breach of the Covenant of Good Faith and Fair Dealing
Count 4: Breach of Implied Contract
For more details of this case, review the full Class Action lawsuit filing below provided to you courtesy of Patently Apple.
Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017
14: Class Action #15 filed in Indiana Claims Apple Software Updates dramatically & artificially reduced performance of Legacy Devices
13: First Class Action from New Orleans Claims that Apple ‘Designed Software Updates’ to slow iPhones to Encourage New Sales
12: Despite Apple’s Public Apology and Explanation over the Performance of Batteries, another Class Action was Filed Yesterday in San Jose
11: First Class Action from Texas Claims that Apple Intentionally Designed Software Updates to Slowdown iPhones
10: First Class Action against Apple from Chicago Surfaces Claiming ‘Intentional Sabotage of Older Model iPhones’
09: Apple Hit with a Lawsuit over Slowing iPhones in France and a Pair of Law Firms in Korea are Preparing Class Actions
08: The 10th Class Action against Apple Claims they Fraudulently Omitted Information about the Battery Issue in order to sell new iPhones
07: The 9th Lawsuit against Apple for Purposely slowing iPhones Points to Fraud, Unjust Enrichment and 9 other Causes for their Class Action
06: The 7th and 8th Class Action Lawsuits have been filed in New York and California with one Suit demanding an insane $999 Billion Payout
05: Apple Hit with a $125 Million Class Action in Israel over Purposely Slowing iPhones
04: Apple hammered with Class Action #5 for slowing iPhone Battery Issue
03: The Fourth Lawsuit against Apple regarding the slowing iPhone Battery Issue was filed in New York on Friday
02: Apple has been hit with a Third Battery Issue Related Lawsuit by a Bay Area Resident
01: In the Blink of an Eye, Apple’s Admission of Slowing Batteries on Older iPhones turns into a Class Action Lawsuit (this report covers two class action lawsuits)
In addition, lawsuits against Apple on this issue will be coming from France, South Korea and Australia in 2018.
A Few Interesting Reports on the Issue
A report posted yesterday by Business Insider says that Tim Cook needs to take responsibility for Apple’s battery scandal. The report noted that “Making a public apology seems like part of the job responsibility for a CEO. Cook made over $12 million in 2017, and he flies on private jets furnished by Apple. It seems like attaching his name to an apology is the least he can do for Apple users who now feel betrayed. Cook has signed letters on Apple’s website before, so it wouldn’t be unprecedented.
Yesterday 9to5Mac posted a report titled “Do you think Apple’s apology for how it handled the iPhone slowdown controversy goes far enough?” The report ended with a Poll. The results of the poll, as of this morning, are noted in the screenshot below.
It’s clear that the Apple community is split on this issue.
About Comments: Patently Apple reserves the right to post, dismiss or edit comments. Those using abusive language or negative behavior will result in being blacklisted on Disqus.