Technology iPhone throttling: Class actions pile up as Apple hit with 32nd lawsuit

03:00  12 january  2018
03:00  12 january  2018 Source:   ZDNet

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More lawsuits land at Apple 's feet over its decision to slow down iPhones with older batteries.

iPhone throttling : Class actions pile up as Apple hit with 32 nd lawsuit .

Image: CNET © Image: CNET Image: CNET

Apple now faces a total of 32 class action lawsuits in the US for slowing down iPhones with older batteries without telling users.

Dozens of law firms in the US have filed suits seeking damages on behalf of iPhone owners, with potential suits brewing in France, Australia, Canada and South Korea.

As reported by Patently Apple, this week alone five US law firms filed separate iPhone slowdown class actions, including one from Hagens Berman, the firm behind the case that ended with Apple paying a $450m fine over eBook price fixing.

One of two suits filed on Wednesday in San Jose cites six causes of action, including fraudulent conduct, unfair conduct, trespass to chattels, breach of implied duty, and breach of covenant of good faith and fair dealing.

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All hell broke loose after the disclosure, and iPhone owners rushed to file class action lawsuits against Apple . More lawsuits are expected to pile up , and the company might not come out of this unscathed.

Apple is now dealing with the recourse stemming from a self-inflicted wound as several class action lawsuits have been filed against the tech giant following an admission that it purposely slows iPhones as they age.

Trespass to chattels, or physically meddling with someone else's property without permission, was expanded to include proximate interference with computer networks in lawsuits against spammers in the 1990s.

In the suit filed in San Jose this week, lawyers contend that Apple's software updates were a trespass of chattels since the updates interfered with iPhone owners' devices, which degraded their performance and utility.

"Apple intentionally pushed iOS updates, including but not limited to iOS 10 and 11 and their variants, despite knowing that the updates imposed performance demands that the phones' hardware could not meet, throttled the phones' performance, and otherwise negatively impacted the performance and utility of the phones," the lawyers argue.

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Home iPhone News Apple Hit With Lawsuits Over iPhone Speed- Throttling . A class - action lawsuit argues that Apple defrauded iPhone users with a software update which slowed some older phones’ performance.

And already we have our first series of class - action lawsuits against the tech giant. WATCH: This screen protector will give you a firm grip on your huge smartphone. Topics: Apple , big-tech-companies, iPhone , lawsuits , Tech, throttling .

"As a direct and proximate result of Apple's interference with their iPhones, plaintiffs and the class suffered injury, including that their iPhones suffered a permanent and long-term degradation in performance, utility, condition, quality, and value. As a result, plaintiffs and/or class members were required and induced to purchase new iPhones and/or new batteries to their detriment and Apple's benefit."

Several other lawsuits similarly argue that Apple's updates amounted to this trespass to chattels.

"Defendant Apple intentionally interfered with, and committed trespass to, plaintiff's and putative class members' property, ie, their iPhones, by installing performance-throttling software on their phones without their knowledge," Hagens Berman writes in its suit.

"To reiterate: because Apple did not inform them of, or seek their consent to installation of, performance-throttling software when presenting them with the iOS 10.2.1 or 11.2 updates, or both of them, plaintiff and the putative class members did not consent to Apple's interference."

Apple CEO: iPhone owners will be able to disable 'power management'

  Apple CEO: iPhone owners will be able to disable 'power management' About a month ago, Apple explained that slower performance of older iPhones is intentional, implemented as a "power management" plan through an iOS update. About a month ago, Apple explained that slower performance of older iPhones is intentional, implemented as a "power management" plan through an iOS update. While it was ostensibly intended to prevent phones from crashing in situations when their worn-out battery couldn't supply enough juice to support demanding functions, owners are upset they weren't notified it was happening. In fact, it was only discovered through benchmarks.

Just two days after Apple admitted to this “feature” (not a good choice of words, given the context), we have reports of three class - action lawsuits . Do you really think Apple throttles processors with the sole intent of “forcing early upgrades?” Do you think they are trying to cover up actual battery defects

Apple Hit with Lawsuit Over Intentionally Slowing Down Old iPhones [Update]. The lawfirm of Kershaw, Cutter & Ratinoff have been actively seeking out iPhone 4 owners for their own class action lawsuit over reception issues, and presumably are working on their filing.

The Wall Street Journal this week reported that senator John Thune, chairman of the Senate Commerce Committee, has asked Apple how it decided to throttle iPhone performance, while a French prosecutor has reportedly launched a preliminary investigation over the issue.

Previous and related coverage

Is Apple really throttling your old iPhone? Benchmarking firm settles the question for good

Benchmarking firm Futuremark has released the results of 100,000 iPhone tests to settle the question of whether your iPhone really does get slower over time.

iPhone battery: Apple will replace yours for $29 even if it's in good health

Apple will replace your iPhone battery even if it passes the diagnostics threshold of 80 percent of its original capacity.

iPhone 7 throttling: Qualcomm says Apple gag stopped it revealing speed squeeze

Qualcomm has countersued Apple, arguing huge profits from the iPhone would have been impossible without its technology.

Oh Apple, you really need to rethink how you do things

Quietly inserting code into iOS that measurably slows down the performance of older iPhones is a monumentally boneheaded blunder.

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