Apple faces a $5 million class-action lawsuit after it allegedly slowed down iPhone 4s handsets with an iOS 9 software update to force users to upgrade to newer models.
Plaintiff Chaim Lerman filed the lawsuit on Tuesday in a New York District Court, accusing the company of ruining their iPhone 4s experience upon updating the device into iOS 9.
"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," says the lawsuit. "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."
The lawsuit cites particular issues the plaintiff and other class members encountered following the update, including performance problems in the phone's core functions, such as email, contacts, text messages and more. It also says that their phones experienced crashes, freezes and delays when launching apps and touch interactions.
Because their iPhones were no longer functional, a few class members were forced to purchase new phones.
The case also criticizes the company for not letting iPhone users return to the earlier but better functioning iOS versions, adding how Apple failed to provide notice that the update is irrevocable.
Moreover, the lawsuit notes that Apple did not let iPhone 4s users know of the possible issues through its website, advertisements or any other means.
"Apple only touts the improvements of the new software over the previous version," the lawsuit says.
Plaintiffs say the company's promise of enhanced security, faster performance, longer battery life and convenient updates is deceptive, since their phones are slower with iOS 9.
The complainants are convinced that the company "is aware and has been aware" that the performance and functionality of the device are adversely affected by the update.
Judge Sterling Johnson Jr. of the New York District Court will preside over the case.
In the meantime, hearings for the case have yet to be set.
Late last year, a man won his legal fight against Apple after one of its employees wiped out his honeymoon photos along with other important data. Deric White is convinced that the ruling of the court is a victory for the common man.
