Well I'm no lawyer either, but being deceptive vs. a power management algorithm you don't like are two different things. If it comes down to I want my money back because my phone "was slow" and I bought a new iphone...how can a this be proved? It can't.
You don't need to prove that. All you need to prove is that Apple potentially profited by masking its intentions to their customers. We've already had several different variations of users noticing a slowdown and wanting batteries replaced (at their own expense) and Apple refused. The suggested to buy a new device.
The bottom line and the major component of the whole suit will be: the phones began shutting themselves off after a year of use. They ARE defective and badly made, that's indisputable. Phones should not power themselves off with 40% battery remaining. All anyone has to do is prove how costly it would have been for Apple to issue a 3 or 4 generation-wide iPhone problem and how they skirted around it: a software fix that downclocks your device. Them selling more phones *because* of the defect is and was just another plus for them. It's deceptive business practice and I have faith it will be deemed illegal in every way.
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Yes, it seems logical... Except for the part where the user doesn't have any way of knowing if they actually need a new iPhone, or just a new battery. Plus Apple's refusal to replace batteries that they (and they alone) decide are not worn-out or defective.
I also believe that they must have been doing some kind of power-throttling for longer than they've admitted to thus far. This update they're referring to may just be a feature-tweak of a longer running throttling system. The ONLY reason my wife and I are not still using an iPhone 4c's is because an OS update slowed it to a crawl. Now our 6s's are crawling, and only now do we understand what's been going on under the hood. At the very least, there should be a power option that prioritizes performance over battery life, and a decent built-in battery info app that lets you know when it's time for a replacement.
Year-old iPhone 7's are running slower than iPhone 5S's. They are downclocking because the batteries or the CPU that powers them are defective. They hid all of this to avoid a costly recall and getting "egg on their face" as a brand. Apple is all about public perception. It's like Starbucks, it's just coffee, but it's PREMIUM coffee. Without the luxurious face of the public perception, Apple can't charge their premium prices. They did everything they could to avoid having this come to light.
And make no mistake it has nothing to do with the "user experience". They HAD TO DO THIS because the phones POWER THEMSELVES OFF. It isn't about making your battery last longer - its about keeping your defective device from shutting down every single day 1 year after purchase. It's illegal.