Lauri Sullivan-Stefanou along with Jarrod and Carly Byer filed a Class Action lawsuit against Apple in Cincinnati, Ohio. This is the first Class Action filed in 2018. The court document shows us that the Plaintiffs were fully aware of the apology Apple made on December 28th and yet state that Apple failed to warn them that their iPhone 6 and 7 were purposely being slowed down by downloading the very updates that Apple urged them to do for security reasons.
The complaint further noted that “Defendant deceptively touted the necessity of the Updates and the improvements of the new software that would result from the Updates.” They later noted that “Nowhere did Apple ever disclose that its updates would negatively affect the iPhones and their functionality.”
This case has one nagging testimony that’s out of place. According to Plaintiff Lauri Sullivan-Stefanou, owner of an iPhone 6, she “followed Apple’s directions and twice updated her phone. Since then, her phone has exhibited significantly slower processing speed, Apps take longer to open and when searching for contacts, the phone takes exceptionally long to locate a contact. In addition, upon updating the phone, once re-booted, her phone instructed her to link to Apple i-Pay and requested her credit card information, which she refused to provide. There was no instruction to decline linking to Apple i-Pay nor any mention of i-Pay in the settings.”
This is definitely an oddball and suspicious aspect of the complaint that’s likely a different issue altogether. Apple’s Wallet app is known as Apple Pay not i-Pay and Apple would never have made such a request associated with a legitimate update.
You could read more of her testimony in the full formal complaint provided below. As noted in the graphic below, the Plaintiffs are demanding $5 million.
Cause of Action
Count 1: Violation of Ohio’s Deceptive Trade Practices Act (§4165.01 et seq.)
Count 2: Common Law Fraud
For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple.
Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017
17: The First Class Action against Apple in 2018 over slowing iPhones was filed in Cincinnati Ohio
16: Class Action #18 has been filed against Apple in Chicago for Purposely ‘Throttling Processor Speed’ to Induce sales of new iPhones
15: Class Action Lawsuits #16 and #17 against Apple over Purposely Slowing iDevices were filed in Mississippi and Missouri
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)
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