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Apple now facing at least 26 lawsuits for undisclosed iPhone throttling

By Jules Wang January 5, 2018, 8:40 pm

At least 24 class action lawsuits have been filed in the United States against Apple on the topic of the company’s throttling of processors in older iPhones. Two more suits have been picked up internationally, one each in France and Israel.

The most recent triplet of complaints were put in on Thursday in New York and Ohio and on Friday, again, in New York, according to documents retrieved by MacRumors. The gist of the suits claim damages for loss of useful worth and suffering among other things from Apple’s lack of timely disclosure of its practice.

The complaint from Ohio, led by Lauri Sullivan-Stefanou, reads in part:


Unbeknownst to iPhone 6, iPhone 6 Plus, and iPhone 6s owners, Apple inserted code into iOS 10.2.1 that deliberately slowed down the processing performance of these phones by linking each phone’s processing performance with its battery health. Absent the code inserted by Apple, the reduced battery capacity of these phones would not have negatively affected processing performance.

In late December, Apple confessed to limiting the performance of the iPhone 6, iPhone 6s and Plus the respective variants with the iOS 10.2.1 update to protect users from sudden shutdowns caused by battery discharge surge. At the time, the company blamed “ambient air” introduced during manufacturing for the faults. With the update, Apple stated only that it performed “improvements” to prevent shutdowns, but did not explicitly mention throttling. The same practice was applied on the iPhone SE, iPhone 7 and iPhone 7 Plus with the iOS 11.2 update.

Marc Honigman, who heads the New York case filed Thursday, asserts in his filing:

Thus, Apple’s admission has confirmed what iPhone users have long suspected – i.e., that Apple deliberately degrades the performance of older iPhone models through iOS updates to encourage users to buy new iPhones.

Apple insisted in a late apology that it has “never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades.” The company is offering discounted battery replacements at $29 apiece for owners of affected iPhones throughout 2018.

It was the discovery by a Redditor that a battery replacement restored top performance to an iPhone 6s that led to a battery of tests and analysis by Primate Labs, the creator of Geekbench, that eventually led to the responses made by Apple.


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