Apple is facing class action for iOS 7

[MisakixMikasa]

And you know this will eventually coming.

Class action is for the following:

1. experienced reduced functionality of their iPhones as a result of the updates to iOS, essentially forcing consumers to render their iPhones obsolete.

2. Plaintiff and Class members' iPhones' Bluetooth and Wi-Fi connections became "grayed out" and unusable

Class action is suing Apple for:

Defendant's misrepresentations concerning: (i) the iPhones' ability to download and run iOS 7 effectively; (ii) Bluetooth and Wi-Fi connection capabilities; and (iii) the ability to upgrade to new iOS software and run new applications and features, are misleading, false, and reasonably likely to deceive and have deceived Plaintiff and members of the putative Class.

Plaintiff and class action member require Apple for:

Plaintiff brings this action on behalf of himself and all other similarly situated consumers who purchased and/or own the iPhone 4, iPhone 4s or iPhone 5 and experienced Wi-Fi and Bluetooth connectivity issues after downloading iOS 7, in order to halt the dissemination of Apple's false and misleading advertising message, and to obtain redress for those who have acquired an iPhone 4, iPhone 4s or iPhone 5. Plaintiff alleges violations of the Consumers Legal Remedies Act, California Civil Code §1750, et seq. (the "California Act"); violations of the Unfair Competition Law, California Business and Professions Code §17200, et seq. (the "UCL"); breach of express warranty; intentional misrepresentation; and negligent misrepresentation.

Class Action: Seeking More than $5 Million Dollars



The "Nature of the Action" section of the complaint laid out the foundation of the case. The formal complaint after this point goes into more specifics and notes that the more than 100 member Class action lawsuit is seeking more than $5 million dollars according to what's legally available to them in a case of this nature.



The court document also included a number of discussion threads. Here's just one thread found on Apple's support site titled "Wifi greyed out on iphone 4s with ios 7" (unedited).



Haymen

Sep 22, 2013 5:12 PM

What happened with me is really the same except Wifi was working for almost a day

but suddenly both Wifi and Bluetooth has stopped at once please any advice????



nealfrirl

Sep 25, 2013 5:03 AM

I have this EXACT problem too. The Wifi is generally greyed out, then after

restarting it about 50 times, updating it 12 time, standing on my head and doing the

twist it comes back but only briefly.

I'm spending a fortune on 3G because of it!

My bluetooth is also affected. HEEEELP!



Hi. I have the same problem. WIFI and bluetooth are grayed out and I can not turn

them on. Hope that this is some software issue. I dont want to replace any hardware

because I am out of warranty. I have iphone 4S 16GB with IOS7.54

loniep



Sep 30, 2013 3:48 AM

I've had the same problem since updating to ios7 (greyed out wifi etc.). I've been on

Apple chat for over 2 hours and they are not prepared to fix (as out of warranty). I

went to my cellular provider (Vodafone) who state that it is a known issue by Apple!

They won't fix the phone for free even though it's a result of an ios update! They've

told me (on Apple Chat) that the ios update only highlighted the problem - the

hardware was 'about' to fail in any case! Not sure how true that is!55



iPhoneandy

Sep 30, 2013 1:17 PM

Same here, it sounds like full BS from apple. WiFi and all functions has been

perfectly well and my phone has been gently used generally and for sure from update

to iOS7. WiFi started to loose connection to networks and refresh the list all the time

then it got greyed out, came back for a short while then permanently beeing greyed

out. Freezing the phone to make it work is a clear sign of HW failure. The fact that

a lot of people experience the same problem shortly after iOS update on totally

different ages of phones is also clearly pointing out iOS bug as the cause. Why does

it take different time from update to malfunction, well, circuits are different, usage is

different, for example in how warm environment is it used. Was phone used as GPS

while charging and lots of apps running in a hot car, the phone most likely was

extremly much warmer then a phone used minimally.



APPLE!!! Take care of this! We know you make huge margins and they must be

used to sponsor misstakes that are caused by YOUR misstakes. Believe me I know

my homework, I'm working in electronics business with embedded development and

HW manufacturing and testing."



The report also included a link to an AppleInsider report titled "iOS 7 update brings more Wi-Fi issues for some iPhone 4S owners."



The Class Action is divided into two distinct classes as follows:



GENERAL CLASS: All users who experienced loss or reduced functionality of their iPhone as a result of upgrading iOS.



SUBCLASS: All users of Apple iPhone 4s in the United States who experienced a loss of Wi-Fi and/or Bluetooth functionality after downloading iOS 7 (the "Class").



The Five Formal Counts Filed Against Apple



COUNT I: Violations of the Consumers Legal Remedies Act California Civil Code §1750, et seq.

COUNT II: Violation of California's Unfair Competition Law California Business and Professions Code §17200, et seq.

COUNT III: Breach of Express Warranty

COUNT IV: Intentional Misrepresentation

COUNT V: Negligent Misrepresentation



The patent infringement case presented in today's report was filed in the California Northern District Court, San Jose Office. At present, no Judge has been assigned to the case. The Nature of the Suit is noted as "Other fraud."

For more information, see http://www.patentlyapple.com/patent...blems-the-grayed-out-issue-and-much-more.html

==================================================

Personally, I think using Apple for iOS 7 for reduce functionality is not really stand and rendering older iPhone obsolete is questionable. However, I fell a apple need do something to fix users WiFi and Bluetooth for free, if this is indeed caused by iOS 7,

 

[thejadedmonkey]

Given the amount of trouble iOS 7 has given my girlfriend, I feel like the class action is justified. Quite frankly, I feel like her iPhone would have been more stable had it been running Windows ME.

 

[Armen]

The case will get thrown out.

 

[MisakixMikasa]

The case will get thrown out.

Why?

 

[Tyler23]

Why?

Because it's bull..all software has bugs, the majority of users are not experiencing the issues presented by the "plaintiff." It will be tossed so quickly.

 

[Apple fanboy]

Why?

And because it is free and optional to upgrade (written on my iOS 6 iPad 2).

 

[cmChimera]

This is so stupid.

 

[ct2k7]

And because it is free and optional to upgrade (written on my iOS 6 iPad 2).

It is no longer optional for those continuing to want to use FaceTime, but were unable to update to iOS 6.1.6

 

[Armen]

Why?

iOS 7 did not "remove" functionality from the iPhone 4 and 4S. Did those 2 devices run iOS 7 a bit slower? sure. But that performance problem was addressed in iOS 7.1

The Wifi not working issue for the iPhone 4S is also present in iOS 6. That was not a specific issue related to iOS 7.

The entire grounds of that lawsuit is the "Apple deceived/lied to us" which Apple did not.

 

[dannyyankou]

Haha, April Fool's day is April 1st, not May 1st.

 

[afsnyder]

Go read the terms of service before you upgrade. You can't sue.

 

[C DM]

Go read the terms of service before you upgrade. You can't sue.

Terms of service don't always hold up when challenged.

 

[afsnyder]

Terms of service don't always hold up when challenged.

The case is ridiculous though because the update was voluntary and iOS makes sure you've read the TOS before continuing. (asks you twice!)

and plus... Apple's lawyers usually know what they are doing.

 

[C DM]

The case is ridiculous though because the update was voluntary and iOS makes sure you've read the TOS before continuing. (asks you twice!)

and plus... Apple's lawyers usually know what they are doing.

The recent security issue related to SSL that Apple themselves was responsible for and the resulting degradation of services, like FaceTime becoming unavailable, could be argued as making an upgrade not so voluntary in a sense compared to what was available on the device when purchased.

Lawyers certainly know what they are doing, but there are also judges, who wouldn't really need to be there if lawyers were just right by default simply because they know what they are doing--that's an inherent part of the legal system. There might be room to challenge something there, or there might not be, it's up to the legal system to work through it if something like that is brought to it.

 

[cynics]

Maybe I'm a realist or even worse an Apple apologist but my 4S and 4 before it ran just fine. Was performance as good as an iPhone 5/5C/5S? No but I think that goes without saying.

By no stretch of the imagination did I find the phone to be obsolete. It did everything it did before, just as reliably as it did before, with additional features that worked as advertised.

And on my 4S iOS 7 is much faster and smoother then iOS 6 was. I'm assuming that is because I was having a problem and just figured that was the way it was supposed to be. That leads me into saying a lot of those people should try a full restore from new and see how it goes.

 

[Totally]

Absolutely frivolous lawsuit. LOL

You don't like Apple Devices or iOS 7 - go get an android. You have options...

This is almost as stupid as the lady that sued McDonalds because her coffee was hot and she got burned from it. lmao

 

[C DM]

Absolutely frivolous lawsuit. LOL

You don't like Apple Devices or iOS 7 - go get an android. You have options...

This is almost as stupid as the lady that sued McDonalds because her coffee was hot and she got burned from it. lmao

And the McDonald's case actually had merit and went through the system appropriately--might want to actually look it up.

Only further proof that what might sound frivolous to some or even most, doesn't necessarily actually make it so just because of that.

 

[BillyMatt87]

When I got my iPhone 5, it came with iOS 6.1 (the last good iOS update) and my iPhone was nearly perfect in terms of designs, functionality, performance and usability.

I was excited look most to download the iOS 7 update back in September even thoughI wasn't too crazy about the redesign aspect, I decided that the features and functionalities would outweigh the ugly and tacky new GUI.

But I was wrong, while I love the new control center, auto app updates, new folders and the new multitasking view, several app experiences were ruined primarily the new music app which is so terrible that I no longer use my iPhone as my iPod player. The blinding white space in the apps is so distracting from the content even more so than the skeumorphic textures which I wasn't that crazy about either. The overly saturated neon color palette and cheesy looking icons are also an eye-sore.

But the performance and battery life are also completely dreadful and you can tell just how rushed the development so when Tim Cook talks about "waiting to get it right" he sounds so full of it just like the whole "we're still innovating and we got incredible new products" schtick he says every year.

I don't like change for the sake of change and iOS 7 is just that and it made me enjoy my iPhone a lot less to the point where I no care about it.

Before you iOS 7 apologists start taunting me to "go switch the Android or Windows" I just wanna say that I don't like the alternatives any better but it really disappoints me that Apple would stoop to their level. I love Apple and I hope they can find their mojo again but now it seems like like they're gonna fall apart again without Jobs but only this time, he can't come back to save them

 

[JobsGang]

I hope the people who is suing not only lose the case but have to pay a hefty fine for being idiots.

 

[MisakixMikasa]

And because it is free and optional to upgrade (written on my iOS 6 iPad 2).

Feed and optional does not mean you are not obligated to their fault... Though it is arguable wether Apple has any intentional motive here.

If they could prove iOS 7 indeed broken their phone, then Apple need to fix for them.

 

[C DM]

I hope the people who is suing not only lose the case but have to pay a hefty fine for being idiots.

It's fun to make purely reactionary off-the-cuff statements. Good thing we actually have a system to work things through and not rely on those.

 

[MisakixMikasa]

iOS 7 did not "remove" functionality from the iPhone 4 and 4S. Did those 2 devices run iOS 7 a bit slower? sure. But that performance problem was addressed in iOS 7.1

The Wifi not working issue for the iPhone 4S is also present in iOS 6. That was not a specific issue related to iOS 7.

The entire grounds of that lawsuit is the "Apple deceived/lied to us" which Apple did not.

You never know if iOS 7.1.1 really fixed the slowness, you still hear report about iOS 7.1.1 slow down their system or not as fast as iOS 6.

No matter now you argue, you cannot deny many people's WiFi and Bluetooth broken AFTER upgrade to iOS 7. But wether if iOS 7 really broken their phone is arguable.

 

[afsnyder]

You never know if iOS 7.1.1 really fixed the slowness, you still hear report about iOS 7.1.1 slow down their system or not as fast as iOS 6.

No matter now you argue, you cannot deny many people's WiFi and Bluetooth broken AFTER upgrade to iOS 7. But wether if iOS 7 really broken their phone is arguable.

A lot of people that have no problems own iPhone 5/5c/5s... those phones run iOS 7 so well that iOS 6 seems clunky. 4s/4 have a higher fail rate than the new phones...

 

[MisakixMikasa]

A lot of people that have no problems own iPhone 5/5c/5s... those phones run iOS 7 so well that iOS 6 seems clunky. 4s/4 have a higher fail rate than the new phones...

Of course... If iOS 7 runs slow on iPhone 5S and iPhone 5C...then iOS 7 is really that bad....

 

[afsnyder]

Of course... If iOS 7 runs slow on iPhone 5S and iPhone 5C...then iOS 7 is really that bad....

My friends friends has a 4s and I was actually impressed on the speed of that thing. It was so cute on that tiny screen haha