Apple is facing class action for iOS 7

[scaredpoet]

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.

Given your clear command of legalese, it is apparent you have a high powered lawyer involved in this class action suit. My suggestion is that you avoid wasting time by trolling in this forum, and actually make the attempt to proceed with your legal action.

I'm sure, that if by some miracle you actually succeed in not getting the case thrown out, that I and many others will be quite delighted with the $5 iTunes gift cards that the class will ultimately receive in the mail as recompense for the alleged harm caused.

 

[C DM]

Given your clear command of legalese, it is apparent you have a high powered lawyer involved in this class action suit. My suggestion is that you avoid wasting time by trolling in this forum, and actually make the attempt to proceed with your legal action.

I'm sure, that if by some miracle you actually succeed in not getting the case thrown out, that I and many others will be quite delighted with the $5 iTunes gift cards that the class will ultimately receive in the mail as recompense for the alleged harm caused.

Seems like the OP posted the information from an Apple-related (legal) news site...not sure what it actually has to do with the OP him/herself.

 

[Tyler23]

Nope. They changed the internals and whole look and function. They didn't change the paint. They didn't give users a white iPhone where they had black.

They changed the whole experience without giving users the chance to say no I prefer the way it is thanks. I don't like this , I would not buy this. They should have a way to go back to iOS 6. Its what they bought.

The functions are almost the exact same, and in most cases, there is even better functionality (control center, for instance). They did not remove features. This argument is ludicrous.

They DID give the user a choice, that fact cannot even be argued. The user had to physically select to upgrade their phone. Before they would even reach the update button, Apple gave a description of the update telling the user that they were changing the user interface, changing the way the OS looked. The user had to purposefully ignore that to miss it.

That is 100% user fault, not Apple's.

The only exception is when you have to restore your phone for whatever reason, in which case, it's always been Apple's policy that the phone will restore with the most up to date firmware.

 

[Armen]

I think they could have a case by saying I bought my device to look like ios6 because I liked it. Apple changed it without notifying me. I don't like the new look. I would not have bought this. I bought iOS 6. Please can I have what I bought back.

Its like taking your BMW to the garage. Picking it up later and its a Mercedes.

Yea you get the point.

Without notifying me?

- You have to click "I AGREE" before the upgrade will take place.
- You have to click Ok to the upgrade itself.

The sad part is even if Apple added a warning saying "Once you upgrade you can't go back" people would STILL click Ok and then complain.

 

[MisakixMikasa]

Given your clear command of legalese, it is apparent you have a high powered lawyer involved in this class action suit. My suggestion is that you avoid wasting time by trolling in this forum, and actually make the attempt to proceed with your legal action.

I'm sure, that if by some miracle you actually succeed in not getting the case thrown out, that I and many others will be quite delighted with the $5 iTunes gift cards that the class will ultimately receive in the mail as recompense for the alleged harm caused.

Dude...did you see that I am in Canada? Not United States of America for gods sake?

 

[Zxxv]

The functions are almost the exact same, and in most cases, there is even better functionality (control center, for instance). They did not remove features. This argument is ludicrous.

They DID give the user a choice, that fact cannot even be argued. The user had to physically select to upgrade their phone. Before they would even reach the update button, Apple gave a description of the update telling the user that they were changing the user interface, changing the way the OS looked. The user had to purposefully ignore that to miss it.

That is 100% user fault, not Apple's.

The only exception is when you have to restore your phone for whatever reason, in which case, it's always been Apple's policy that the phone will restore with the most up to date firmware.

Everyone I spoke to and had texts off thought it looks **** compared to ios 6. They weren't happy. Apple could have provided a video or series of pictures in the upgrade notes so people could see it (wordS saying we upgrading this don't convey the jarring experience). A series of slides or short demo could have allowed people to say yes or hell no. But that way the upgrade numbers would have been less


At the moment its like having a decorator decorate your house and all he shows you is a few words saying it'll be different to what you have now.

And you'd call that user error haha

 

[CB1234]

Everyone I spoke to and had texts off thought it looks **** compared to ios 6. They weren't happy. Apple could have provided a video or series of pictures in the upgrade notes so people could see it (wordS saying we upgrading this don't convey the jarring experience). A series of slides or short demo could have allowed people to say yes or hell no. But that way the upgrade numbers would have been less


At the moment its like having a decorator decorate your house and all he shows you is a few words saying it'll be different to what you have now.

And you'd call that user error haha

Out of approximately 400 million people who are on iOS 7, how many do you think you spoke to who said it was ****? Just curious on the sample size you are basing your statement on...

And decorators all over the world are like that, even if they show you what finished product will look like, you can bet your last money on the fact, that it won't...

 

[Tyler23]

Everyone I spoke to and had texts off thought it looks **** compared to ios 6. They weren't happy. Apple could have provided a video or series of pictures in the upgrade notes so people could see it (wordS saying we upgrading this don't convey the jarring experience). A series of slides or short demo could have allowed people to say yes or hell no. But that way the upgrade numbers would have been less


At the moment its like having a decorator decorate your house and all he shows you is a few words saying it'll be different to what you have now.

And you'd call that user error haha

Or, these people you spoke to could have been smart enough to read that, take 30 seconds and go to Apples website to see the new user interface.

User irresponsibility. 100%

 

[EmlynDewar]

I'm not a fan of the iPhone at all, so not really familiar on the iOS6/iOS7 issues.
Anyone complaining about the interface changes really should stop, it was pretty well documented what would happen, a long time before the update was released.


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

For the likes of the above though, is this not a valid reason for such action?
Seems to be quite a number of people having the issue, looking around online.

The typical response appears to be "you're doing it wrong" and "I didn't have this issue, so it isn't a problem", but you'd have to be a pig-headed moron to believe it's all user error.

 

[MisakixMikasa]

Or, these people you spoke to could have been smart enough to read that, take 30 seconds and go to Apples website to see the new user interface.

User irresponsibility. 100%

Looking at website tells you nothing about actual user experience. It just tells you how fantastic it is. It does not tell you all the issue you gonna facing.

So, yes, it is not 100% user irresponsibility

 

[eww7633]

Looking at website tells you nothing about actual user experience. It just tells you how fantastic it is. It does not tell you all the issue you gonna facing.

So, yes, it is not 100% user irresponsibility

It shows you the features. Do you reasonably expect Apple to have a section up on it's website talking about bugs in iOS 7? Or things they decided to change based on feedback? What business does that? It's up to you, as the consumer, to do your research before you upgrade. Who purposely upgrades to Windows 8 without READING about what it's all about? Irresponsible people, that's who. Do some legwork before you upgrade.

 

[Tyler23]

Looking at website tells you nothing about actual user experience. It just tells you how fantastic it is. It does not tell you all the issue you gonna facing.

So, yes, it is not 100% user irresponsibility

It is 100% user responsibility for those users complaining about the look of iOS 7. It also shows the new features of iOS 7.

Of course it doesn't talk about bugs. Neither did the page for iOS 6, but that didn't stop iOS 6 from having many bugs.

 

[C DM]

Why are we going down the path of what it looks like and if that's better or worse? It's pretty much irrelevant to this whole conversation. It doesn't matter if someone likes it or not or if it's because of what it looks like or not, the point is that if someone wants to not upgrade (for any or even no reason in particular) they should be able to not do it without having their experience and device use being degraded due to manufacturer's own screw ups.

 

[MisakixMikasa]

It is 100% user responsibility for those users complaining about the look of iOS 7. It also shows the new features of iOS 7.

Of course it doesn't talk about bugs. Neither did the page for iOS 6, but that didn't stop iOS 6 from having many bugs.

It shows you the features. Do you reasonably expect Apple to have a section up on it's website talking about bugs in iOS 7? Or things they decided to change based on feedback? What business does that? It's up to you, as the consumer, to do your research before you upgrade. Who purposely upgrades to Windows 8 without READING about what it's all about? Irresponsible people, that's who. Do some legwork before you upgrade.

What is so hard to understand some trouble won't surface until you install or you cannot get true experience without installing it? Forums are filled with complains and praise. Some people say iOS 7 is absolute sh*it and some people say iOS 7 is absolute fabulous. Some people experience Bluetooh and WiFi problem, some people experience battery life issue, but some people have no problem with iOS 7. So who do you trust? You don't even know if these issue will rise on your phone. How to you make the determination? When some people have issue and complain on the discussion or suing Apple, then somehow this is users fault? I have hard time to grasp this idea. Somehow Apple is 100% not obligated to anything and it is all users fault.

Whether is it users fault, without giving a way to back out is 100% Apple's fault. It is also 100% irresponsible on Apple's fault.

P.S. When users complaining UI, then I agree about you. It is on Apple's website, they just need to check out what iOS 7 looks like before they make decision. But we are not talking about UI, aren't we. The whole lawsuit aren't about how iOS 7 looks. It about the slowness, missing feature and phones being broken by iOS 7. These are things you cannot tell without install (excluding missing feature part)

 

[I7guy]

I'm not a fan of the iPhone at all, so not really familiar on the iOS6/iOS7 issues.
Anyone complaining about the interface changes really should stop, it was pretty well documented what would happen, a long time before the update was released.


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

For the likes of the above though, is this not a valid reason for such action?
Seems to be quite a number of people having the issue, looking around online.

The typical response appears to be "you're doing it wrong" and "I didn't have this issue, so it isn't a problem", but you'd have to be a pig-headed moron to believe it's all user error.

In a word no, bugs are never the basis of a class action lawsuit. If bugs were Microsoft would be out of business.

 

[Tyler23]

What is so hard to understand some trouble won't surface until you install or you cannot get true experience without installing it? Forums are filled with complains and praise. Some people say iOS 7 is absolute sh*it and some people say iOS 7 is absolute fabulous. Some people experience Bluetooh and WiFi problem, some people experience battery life issue, but some people have no problem with iOS 7. So who do you trust? You don't even know if these issue will rise on your phone. How to you make the determination? When some people have issue and complain on the discussion or suing Apple, then somehow this is users fault? I have hard time to grasp this idea. Somehow Apple is 100% not obligated to anything and it is all users fault.

Whether is it users fault, without giving a way to back out is 100% Apple's fault. It is also 100% irresponsible on Apple's fault.

P.S. When users complaining UI, then I agree about you. It is on Apple's website, they just need to check out what iOS 7 looks like before they make decision. But we are not talking about UI, aren't we. The whole lawsuit aren't about how iOS 7 looks. It about the slowness, missing feature and phones being broken by iOS 7. These are things you cannot tell without install (excluding missing feature part)

Which is exactly why the post I was responding to was discussing the look of iOS 7..

 

[jnpy!$4g3cwk]

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.

My 4S is working just fine.

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

There is a documentary on Netflix. Watch it and you might agree that the case was completely justified.

A series of slides or short demo could have allowed people to say yes or hell no. But that way the upgrade numbers would have been less


At the moment its like having a decorator decorate your house and all he shows you is a few words saying it'll be different to what you have now.

And you'd call that user error haha

It is ugly. But, I wouldn't say that is something to sue over. If Apple had left the appearance exactly the same, people would have complained about that too, and said that Apple should have changed the appearance.

 

[Armen]

Everyone I spoke to and had texts off thought it looks **** compared to ios 6. They weren't happy. Apple could have provided a video or series of pictures in the upgrade notes so people could see it (wordS saying we upgrading this don't convey the jarring experience). A series of slides or short demo could have allowed people to say yes or hell no. But that way the upgrade numbers would have been less


At the moment its like having a decorator decorate your house and all he shows you is a few words saying it'll be different to what you have now.

And you'd call that user error haha

Unless you live under a rock you already knew what iOS 7 looked like before it was released because it was plastered all over every tech site. If I'm not mistaken it even made Yahoo front page.

 

[C DM]

Unless you live under a rock you already knew what iOS 7 looked like before it was released because it was plastered all over every tech site. If I'm not mistaken it even made Yahoo front page.

Plenty of typical iOS users don't bother with any of those , including Yahoo!'s front page.

That said, again, this part of it all is rather moot as it's not really what this is all about.

 

[Armen]

Plenty of typical iOS users don't bother with any of those , including Yahoo!'s front page.

That said, again, this part of it all is rather moot as it's not really what this is all about.

I'm just replying to someone else's comment. This thread is all over the place and off topic.

 

[I7guy]

My 4S is working just fine.



There is a documentary on Netflix. Watch it and you might agree that the case was completely justified.



It is ugly. But, I wouldn't say that is something to sue over. If Apple had left the appearance exactly the same, people would have complained about that too, and said that Apple should have changed the appearance.

Ahh hot coffee, the poster child of tort reform.

 

[CB1234]

I'm just replying to someone else's comment. This thread is all over the place and off topic.

That's what happens with ludicrous threads....

People claiming that they didn't know what it would be like until they downloaded, is really a cop out... When you buy any electronics, you buy it on the features advertised...

You can only decide after you have used it as to what you like and what you don't..

You don't go about suing every gadget manufacturers, because you think that they are not performing or looking the way you imagined them to be....

Suing has become too easy and cheap these days....

 

[sunking101]

Lots of fanboys and apologists here.
Sure it was 'our choice' to install iOS7 but we expect a certain type of product from Apple.
Also, only a very small number of users 'investigate' what an update contains. They just assume it's all good.
Furthermore, a 'massive' security hole made the downloading of 7.0.6 a necessity.
Finally, lots of apps need the latest version of iOS and so users had to update for this reason. It is an 'ecosystem'.

If Apple had advertised the woeful battery life, Safari refreshes, Safari crashes, poor calendar, small contact photos, numerous bugs and playground colourschemes, I'm sure significantly fewer people would have upgraded. My iPhone 5 experience has been dreadful due to iOS7.

Still, I expect this lawsuit will be thrown out and I wouldn't have bothered with it myself.

 

[sebastian...]

It seems like the point is pretty much the opposite of that--users want to be able to stay with whatever version they had when they got the phone, for example, and have it work the way it did when they chose to get the phone based on how it worked at the time.

This +1000. This should be repeated over and over again. No one expects an iphone 4s with ios7 to run as fast as an iphone 5s

But we expect to be able to either run ios 7 with the same speed and features as the phone had before the update, or be able to stay at the ios the phone had when was bought and apple shouldn't be able to flip their kill switch/ trojan backdoor "let's make those suckers update and kill their facetime" thing whenever they want.

 

[sebastian...]

But hey - you're right. People don't want to try new things, that's up to them. Whatever.

Or maybe people desperately want to try new things. And they are so overjoyed with expectations already imagining how wonderful that new thing is, only to be sadly let down.
But after realising that new thing was not in fact something new and good, but something new and bad, a smart person will naturally want to return to the previous thing which might not be the newest, but is at least the best choice at the moment. At least until the next new thing will appear at which point to whole cycle will begin again.