Apple deliberately slowed down the performance of its iPhone 4 to get users to upgrade to its newest models, according to a class action filed against the company in a New York District court.
Plaintiff Chaim Lerman and 100 others supporting the class action are suing Apple for $5 million in damages, with the added option to triple that amount.
According to the complaint, Lerman and the others named, are accusing Apple of “deceptive trade practices and false advertising”, saying that Apple harmed their iPhone 4S experience when they updated to the latest version of iOS 9.
Part of the documents filed read, “The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone. Apple explicitly represented to the public that iOS 9 is compatible with and supports the iPhone 4S. And Apple failed to warn iPhone 4S owners that the update may or will interfere with the device’s performance.”
Lerman claims that after the update there were many problems including: “performance problems in all aspects of the iPhone’s functionality, including core functions like the phone, email, text messages, contacts, and crashes and freezes.”
The lawsuit also claims Apple did not allow users to “revert their iOS 9 software to a previous, better functioning version of iOS.” Other companies such as Microsoft allow users to go back to an earlier version of software when upgrading within a specified time, as is the case with those Window users who upgrade to Windows 10 for their computers.
In regard to claims of false advertising, the lawsuit says Apple’s promise of “Faster performance, improved security, convenient updates, and longer battery life” on its website is misleading, because performance on the iPhone 4 is actually much slower with iOS 9 installed.”
The case will be presided over by New York District Court Judge Sterling Johnson Jr. No dates have yet to been set for the hearing.
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