Apple Now Faces 26+ Lawsuits for 'Purposefully' or 'Secretly' Slowing Down Older iPhones

[groove-agent]

Now what we need is a lawsuit for the poor excuse for a keyboard on the 2016/2017 MBP. It will have to wait until people's warranties run out. Have fun replacing the top case each time it fails.

Apple now faces over two dozen lawsuits around the world that either accuse the company of intentionally slowing down older iPhones, or at least of failing to disclose power management changes it made starting in iOS 10.2.1.

The lawsuits include 24 class action complaints in the United States, with the latest two filed on Thursday by Marc Honigman and Lauri Sullivan-Stefanou in New York and Ohio respectively, according to electronic court records reviewed by MacRumors. Apple is also being sued in Israel and France.

An excerpt from Sullivan-Stefanou's complaint:Many of the lawsuits demand Apple compensate all iPhone users who have experienced slowdowns, offer free battery replacements, refund customers who purchased brand new iPhones to regain maximum performance, and add info to iOS explaining how replacing an iPhone's battery can prevent slowdowns.

The legal action comes after Apple's revelation it may at times dynamically manage the maximum performance of some older iPhone models with chemically aged batteries in order to prevent the devices from unexpectedly shutting down, an issue that can be made worse by cold temperatures or a low charge.

Apple never mentioned the power management changes, which it calls a feature, when it released iOS 10.2.1 nearly a year ago. A month after the software update became available, Apple still only vaguely mentioned that it made "improvements" that resulted in a significant reduction in unexpected shutdowns.

Apple only revealed exactly what the so-called "improvements" were after Primate Labs founder John Poole visualized that some iPhone 6s and iPhone 7 devices suddenly had lower benchmark scores starting with iOS 10.2.1 and iOS 11.2 respectively despite operating at maximum performance on previous versions.

Poole's analysis was in response to a Reddit user who claimed his iPhone 6s was significantly faster after replacing the device's battery. The discussion generated over 1,000 comments, and reinforced an opinion held by some that Apple purposefully slows down older iPhones so customers buy newer ones.

Honigman's complaint, edited very slightly for clarity, echoes this opinion:Apple has since issued an apology for its lack of communication, and it has reduced the price of battery replacements to $29 for iPhone 6 and newer through the end of 2018. Apple has also promised to release an iOS update early this year that will give users more visibility into the health of their iPhone's battery.

Keep in mind that Apple is not permanently or persistently slowing down older iPhones. Even if your iPhone is affected, the performance limitations only happen intermittently, and only when the device is completing demanding tasks.

We recently answered many frequently asked questions about Apple's power management process, which can't be disabled, but can be avoided by replacing your iPhone's battery if necessary. Read our guide on how to get an iPhone's battery replaced at an Apple Store or Apple Authorized Service Provider.

Update: Yisroel Brody on Friday filed at least the 24th class action complaint against Apple in a New York district court.

Article Link: Apple Now Faces 26+ Lawsuits for 'Purposefully' or 'Secretly' Slowing Down Older iPhones

 

[freedomisle]

They have always released updates that make older iPhones slow, without allowing the option to rollback their iOS to a previous version this is planned obsolescence.

It’s deceitful and wrong on so many levels. When I wipe my other devices such as Mac or Android device it rolls back to the original operating system... why is iPhone any different? It’s not for security reasons but to force the customer to upgrade.

The only difference here is they got caught!

 

[Starship67]

This is one the most absurd things I’ve read in while. People are ridiculous.

 

[bruinsrme]

They have always released updates that make older iPhones slow, without allowing the option to rollback their iOS to a previous version this is planned obsolescence.

It’s deceitful and wrong on so many levels. When I wipe my other devices such as Mac or Android device it rolls back to the original operating system... why is iPhone any different? It’s not for security reasons but to force the customer to upgrade.

The only difference here is they got caught!

Apple provides the user the option to install an update. The user agrees to the licensing agreement (I believe twice) before it installs. I have never once read the licensing agreement. I am sure I am not in the minority.
Now not telling people, ehh, not crazy about.
I am surprised so many people are up in arms about this but yet so many more are silent about the chemicals and dyes that are used in the foods we consume.
Not really sure if a slow cell phone deserves so much energy and resources compared to what companies like monsanto and bayer are doing to the foods we consume. t
I digress, my sincerest apologies

 

[ackmondual]

Yes, then people would be complaining their phones cost too much.

People act like they are owed something. Surprise, you aren't owed a damn thing. Don't like Apple or what they do? Simple, don't buy their products.

But people's phones ALREADY cost too much. Apple markets their iPhones as premium products. Why would you let them get away with non-premium batteries? Unless these days, Apple is considered more of a luxury company then a tech company.
[doublepost=1515434576][/doublepost]

Do all realize that the costs of all these lawsuits will be passed back to customers as with all lawsuits? The only people who will actually benefit is all the lawyers. All the costs that a company incurs get added to costs and then charged the customers. Sue Apple has a ton of money but in the long run all costs will be paid for by the customers.
Not saying that Apple should have done things the way they did but all these lawsuits are just stupid.

Well, if Apple users are pissed off enough about this, they shouldn't take this lying down.
The real way to hurt Apple is to NOT buy their products. If Apple tries to make back their losses by increasing prices, some will continue to buy their wares. Other Apple enthusiasts will do this. It's really a matter of whether or not Apple did enough to put them over the threshold of jumping ship.

OTOH, Apple's a large enough company that they could absorb this as a loss. A mere "cost of doing business" situation. I'm sure the extra money they made from pushing folks to buying newer iPhones otherwise would've made up for the suits.

 

[bladerunner2000]

The best part in all of this is reading the comments here. I've been reading MacRumors for over 10 years now and it's almost always been completely one sided; no matter WHAT Apple has done has always been met with apologists.

Like this:

Do you see that? No critical thinking whatsover, just blatant fanboyism.

Until recently... albeit slowly. This recent news and all the comments giving Apple much deserved hell for their shady tactics is so refreshing. Glad to see that Apple consumers are FINALLY making a stand for getting so badly swindled.

 

[honglong1976]

The temp of the battery was pretty much the same (+a few degrees higher) so it's definitely thermal cut out protecting the CPU rather than the battery. CPU's can go quite hot before they die!

I had a Mac Mini I changed the CPU on. Only 3 of the clips were holding down the heatsink and that went up to 230c without any issues for a few weeks. It never turned off either, so i have no idea what temp apple specifies as hot before switching off the computer. The case was also hot, but again it never switched off (obviously, it's not battery powered but just an example for the CPU thermal cut out).

But people's phones ALREADY cost too much. Apple markets their iPhones as premium products. Why would you let them get away with non-premium batteries? Unless these days, Apple is considered more of a luxury company then a tech company.
[doublepost=1515434576][/doublepost]
Well, if Apple users are pissed off enough about this, they shouldn't take this lying down.
The real way to hurt Apple is to NOT buy their products. If Apple tries to make back their losses by increasing prices, some will continue to buy their wares. Other Apple enthusiasts will do this. It's really a matter of whether or not Apple did enough to put them over the threshold of jumping ship.

OTOH, Apple's a large enough company that they could absorb this as a loss. A mere "cost of doing business" situation. I'm sure the extra money they made from pushing folks to buying newer iPhones otherwise would've made up for the suits.

i agree. That’s why I have an Amazfit Bip on my arm and a Xiaomi Redmi 5A prime coming to replace my iPhone 5S.

Great phone till iOS11 which is utter garbage.

Xiaomi products are cheap and incredibly well made with realistic pricing.

 

[r.harris1]

Now what we need is a lawsuit for the poor excuse for a keyboard on the 2016/2017 MBP. It will have to wait until people's warranties run out. Have fun replacing the top case each time it fails.

Now that is something I can get on board with. Hopefully a lawsuit isn't needed but I definitely get the sentiment. One space key replaced by me (on my own = not fun), another space key coming up and an up arrow key.
[doublepost=1515438185][/doublepost]

I work with laptops!

Some old (over 5 years old) some new (less than 1-2 years old). New batteries and really old beaten up ones. Set the CPU to maximum performance and guess what? Does the CPU/GPU become throttled? does it turn off? nope. They all run at maximum performance with the battery depleting quickly. That's it.

Surely, the Apple iPhone should do this also?

Big power drain from battery = battery drains quicker

The symptoms from these iPhones would indicate a dodgy battery. Apple knows they are dodgy but won't admit it! We'll find out soon anyway

Lot of supposition there. But, if you're wanting the iPhone to run at full power and drain the battery quickly (for no real reason), probably not going to happen. Maybe another competitor would run their devices flat out always, but I can't think of anyone who does that today. My laptops do things like switch between integrated and discrete graphics, tweaking power to the display, etc and sure, to your point, if I really wanted to run the battery down quickly, I could certainly have more control on a laptop. And I know in windows I used to be able to enable/disable core parking but I've not looked at that in a long time. Point is, an iPhone doesn't and isn't going to give everyone minute power over the cores, so no, I don't agree that an iPhone should do this also.

Here's what I want from a mobile hand-held device, regardless of manufacturer:

(1) I want it to do the things I use them for and do it in a way that doesn't get in my way: editing photos, music, movies, etc.
(2) I want it to have decent battery life
(3) Last a couple of years

My 6S Plus has done that nicely. My 4S, 5S did too. I expect my X when I get it to do that as well. It does those things even when it apparently is throttling (I'm not sure I would drive it as hard as Geekbench most days).
[doublepost=1515438773][/doublepost]

I don't "think" anything.

I'll leave that one alone mate.

Apple have told you what the problem is (iphones shutting down due to premature aging of the batteries)

Power management is just the mitigation tool they have used to cover it up.

Interestingly, Apple haven't told me anything like that. What they told me is that they had a subset of batteries exposed to ambient air that needed to be replaced and so there was a recall and then they told me they tweaked the power management system to smooth out the draw on older batteries which causes shut downs. Not seeing anything covered up. I think they did a horrible job of explaining it to those who may have wanted to know more and it's probably a bit overly broad a solution, but I don't think the world is ending here.

 

[Constable Odo]

If Apple learns some lesson from not being totally honest with users about updates then I suppose the class-action lawsuits are a good thing. What's done is done. Almost any other company would have been able to get away with such chicanery but Apple is an easy, wealthy target for the greedy. Those greedy consumers will get their payoff and Apple will still manage to stay in business. I'm not sure how much money a plaintiff can get for psychological pain and suffering because their iPhone was slowed down but that's up to the courts to decide. I hope it makes them happy and I'm sure for the next problem Apple causes users it will make it much easier for those same people to sue Apple again in the future.

 

[Black Magic]

i agree. That’s why I have an Amazfit Bip on my arm and a Xiaomi Redmi 5A prime coming to replace my iPhone 5S.

Great phone till iOS11 which is utter garbage.

Xiaomi products are cheap and incredibly well made with realistic pricing.

True but Android is a bigger problem that iOS IMHO. Every day and article comes out about malware in the Play Store. Just yesterday I read how Google is now spamming phones with Survey pop ups in Messages or Settings Apps. Enjoy all that. You will be back whether you admit it or not.

 

[Constable Odo]

Why are no such lawsuits being filed against Microsoft, Dell and other companies who have been implementing same feature to prevent unexpected laptop shutdowns?

Apple is the easiest target and Tim Cook is a weakling CEO. Why would anyone try to extort money from companies that won't easily knuckle under media pressure. If Apple was smart company, they'd take ten years to settle with those plaintiffs and show them they're wasting everyone's time. $50,000 worth of pain and suffering from a slow iPhone?!!! Puh-leeeese... If those people want money that bad, they should jump in front of moving cars like most of the insurance scammers do.

 

[mi7chy]

Some interesting points of view, do any of you know of any Smart Phone where the battery doesn't degrade over time? I can't think of any Android, Windows Phone, or iOS phones which do not. All Lithium ION batteries lose their capacity for charging over time.

No one is debating the fact that batteries degrade over time but different quality of lithium batteries degrade differently over time.

A quality original battery will last over two years and I've seen nearly 4 years before significant degradation drop off. For a nearly $1K+ phone it should be at least 2 to 3 years.

On the opposite end of the spectrum are $5 eBay quality batteries that have significant degradation around the 1 year mark. They're ok for older devices that you want to keep running but not plan to keep around for much longer.

Then, there are Apple sourced $2.50 batteries that not only have significant degradation around 1 year but also suffer from premature shutdown.

 

[lazard]

Why are no such lawsuits being filed against Microsoft, Dell and other companies who have been implementing same feature to prevent unexpected laptop shutdowns?

because those power saving features are optional...users can choose whether to run on full performance, balanced, or power saving. Apple did not inform customers of this stealth software change (not noted in any change log) and users don't have the option to disable it.

 

[r.harris1]

because those power saving features are optional...users can choose whether to run on full performance, balanced, or power saving. Apple did not inform customers of this stealth software change (not noted in any change log) and users don't have the option to disable it.

You're right, but Apple never have provided that control since day one and it's debatable whether they should start now. Power management is something all mobile device manufacturers do, plain and simple, and none of them are going to provide every last detail of what they do - almost no one would be interested in it, and when Apple released the fix last year in 10.2.1, they did put out vague blurbs to their usual outlets (including Mac Rumors) on the power management changes. I don't call it stealth, just BAU Apple vagueness. Certainly any teenager in his or her mom's basement could have could have deduced by running Geekbench that there were occasions when the CPU wasn't acting in full throttle a long time ago. Back then it was shut downs they didn't like (and I agree - I wouldn't either). Now it's whether someone's CPU was being throttled with or without them noticing it.

I'm no power user on the iPhone, but watching movies, editing photos, airplay, music does somewhat challenge things, and I've not noticed a drop of difference between when it's acting at full throttle or not since everything I used behaved the same way (nicely). I personally haven't cared about CPU speed in a decade+. I just want it to perform nicely and stay out of my way. But, I realize I am not everyone.

 

[leman]

because those power saving features are optional...users can choose whether to run on full performance, balanced, or power saving. Apple did not inform customers of this stealth software change (not noted in any change log) and users don't have the option to disable it.

I'm not talking about power saving features (actually, who is talking about that in this thread??) I am talking about throttling when the battery is too deteriorated to provide strong enough current. For instance:

http://en.community.dell.com/support-forums/laptop/f/3518/t/19085961
[doublepost=1515443736][/doublepost]

You're right, but Apple never have provided that control since day one and it's debatable whether they should start now. Power management is something all mobile device manufacturers do, plain and simple, and none of them are going to provide every last detail of what they do - almost no one would be interested in it, and when Apple released the fix last year in 10.2.1, they did put out vague blurbs to their usual outlets (including Mac Rumors) on the power management changes. I don't call it stealth, just BAU Apple vagueness. Certainly any teenager in his or her mom's basement could have could have deduced by running Geekbench that there were occasions when the CPU wasn't acting in full throttle a long time ago. Back then it was shut downs they didn't like (and I agree - I wouldn't either). Now it's whether someone's CPU was being throttled with or without them noticing it.

I see Apple's fault here solely in failing communication. The completely overblown fallout they get here is a direct consequence of that and its their own fault. If they have communicated this clearly from the start, and gave users clear indications when their battery has issues, nothing like this would have happened. Now **** has hit the fan and everything is being confused into this one big batch. This is a prime case where Apple's secrecy has turned around to him them hard.

It is ok to be secretive with product launches etc, but come on Apple, at least communicate these things clearly. It not only increases customer trust but also allows you to avoid completely unnecessary PR disasters like this.

Mind my word, next thing people will do is suing Apple for progressing with these CPUs too quickly. 'I bought my iPhone 5, but the next years release was twice as fast, Apple is cheating me here"

 

[AndyMacAndMic]

I'm not talking about power saving features (actually, who is talking about that in this thread??) I am talking about throttling when the battery is too deteriorated to provide strong enough current. For instance:

http://en.community.dell.com/support-forums/laptop/f/3518/t/19085961
[doublepost=1515443736][/doublepost]

I see Apple's fault here solely in failing communication. The completely overblown fallout they get here is a direct consequence of that and its their own fault. If they have communicated this clearly from the start, and gave users clear indications when their battery has issues, nothing like this would have happened. Now **** has hit the fan and everything is being confused into this one big batch. This is a prime case where Apple's secrecy has turned around to him them hard.

It is ok to be secretive with product launches etc, but come on Apple, at least communicate these things clearly. It not only increases customer trust but also allows you to avoid completely unnecessary PR disasters like this.

Mind my word, next thing people will do is suing Apple for progressing with these CPUs too quickly. 'I bought my iPhone 5, but the next years release was twice as fast, Apple is cheating me here"

Talking about weak examples:

The link you provide is about an individual/anecdotal forum post about a person having troubles with a DEAD battery in a single Dell LAPTOP. This is totally incomparable with the issue at hand. In general: Laptops are throttled to protect the CPU from overheating. This is well known and common knowledge BEFORE you buy a laptop and completely transparent. There is nothing secretive about that.
What are you trying to compare here? Apples and pears?

 

[leman]

The link you provide is about an individual/anecdotal forum post about a person having troubles with a DEAD battery in a single Dell LAPTOP. This is totally incomparable with the issue at hand. In general: Laptops are throttled to protect a processor from overheating. This is well known and common knowledge BEFORE you buy a laptop and completely transparent. There is nothing secretive about that.
What are you trying to compare here? Apples and pears?

Laptops are also throttled if the power controller determines that the battery has an issue. Why are you even talking about overheating? I think you are in the wrong thread friend. What we are discussing here is Apple's throttling the iPhone based on the battery condition — which is a normal practice in computing world. My link might be random, since its the first best one I got from google. Do a search yourself and you will find plenty of mentions of laptops being slowed down when the battery is old, broken, disfunctional etc.

And my point (again) that its nonsensical to demonise Apple for implementing something on the iPhone that has been standard feature of mobile computers for over a decade.

 

[AndyMacAndMic]

Laptops are also throttled if the power controller determines that the battery has an issue. Why are you even talking about overheating? I think you are in the wrong thread friend. What we are discussing here is Apple's throttling the iPhone based on the battery condition — which is a normal practice in computing world. My link might be random, since its the first best one I got from google. Do a search yourself and you will find plenty of mentions of laptops being slowed down when the battery is old, broken, disfunctional etc.

And my point (again) that its nonsensical to demonise Apple for implementing something on the iPhone that has been standard feature of mobile computers for over a decade.

Yep, that is what I am trying to explain to you. Dell is not throttling it's laptops based on a battery condition. The example you gave in the links was about ONE SINGLE defective Dell LAPTOP with a DEAD battery. This is not structural. There is no purposely built in software in Dell Laptops (and other laptops) to throttle based on battery degradation, only based on CPU temperature.

I know in which thread I am friend. I am trying to explain that your example does not cut it because it is based on one faulty LAPTOP (not a smartphone) with a DEAD battery (not one with still '80%' left). Nothing structural or secretive about that (in contrary to Apple). I am surprised that I even have to explain that to you. You come up with a very weak example and now you tell me I have to Google myself for a better one? Really?

Apple is not demonized here. They are just criticized for their secretive untransparent behavior. Every big company is in the spotlight once in a while. Now Apple is. By the way: The fact that they implemented this functionality in their iPhones (your words) without telling anyone (common knowledge) does not make it OK. It actually makes it worse.

 

[mudflap]

How can you state something so foolish when there is ample evidence that proves the opposite. Look at prior models, look at competitors, look anywhere really ffs.

Show me one article that shows Apple uses lesser quality batteries than their competitors. I'm talking QUALITY, not capacity.

 

[lazard]

Show me one article that shows Apple uses lesser quality batteries than their competitors. I'm talking QUALITY, not capacity.

Apple sourced their battery from Sunwoda Electronic Co. in China. Samsung sources their battery for Samsung SDI, Murata Manufacturing Co., and Sony. And no surprise Apple is going to source their battery from LG instead for the next gen iphone.

 

[617660]

Laptops are also throttled if the power controller determines that the battery has an issue. Why are you even talking about overheating? I think you are in the wrong thread friend. What we are discussing here is Apple's throttling the iPhone based on the battery condition — which is a normal practice in computing world. My link might be random, since its the first best one I got from google. Do a search yourself and you will find plenty of mentions of laptops being slowed down when the battery is old, broken, disfunctional etc.

And my point (again) that its nonsensical to demonise Apple for implementing something on the iPhone that has been standard feature of mobile computers for over a decade.

I'm not talking about power saving features (actually, who is talking about that in this thread??) I am talking about throttling when the battery is too deteriorated to provide strong enough current. For instance:

http://en.community.dell.com/support-forums/laptop/f/3518/t/19085961
[doublepost=1515443736][/doublepost]

I see Apple's fault here solely in failing communication. The completely overblown fallout they get here is a direct consequence of that and its their own fault. If they have communicated this clearly from the start, and gave users clear indications when their battery has issues, nothing like this would have happened. Now **** has hit the fan and everything is being confused into this one big batch. This is a prime case where Apple's secrecy has turned around to him them hard.

It is ok to be secretive with product launches etc, but come on Apple, at least communicate these things clearly. It not only increases customer trust but also allows you to avoid completely unnecessary PR disasters like this.

Mind my word, next thing people will do is suing Apple for progressing with these CPUs too quickly. 'I bought my iPhone 5, but the next years release was twice as fast, Apple is cheating me here"

The issue is not overblown. There should be a congress hearing on this just like how bank CEOs were summoned to the congress during financial crisis.

What Apple did, or neglect to do, was utterly disgraceful.

 

[mudflap]

The issue is not overblown. There should be a congress hearing on this just like how bank CEOs were summoned to the congress during financial crisis.

What Apple did, or neglect to do, was utterly disgraceful.

So you'd rather your 2-year-old iPhone just keep shutting down on you, instead of being slightly throttled to keep it usable?

 

[Caring4U]

That is a really good idea, I may follow your lead on that. I hadn't thought about it until now...

Yes, there are three steps to blocking iOS updates:

1st - Blacklist "mesu.apple.com" in your router.
2nd - Turn off updates over mobile data.
3rd - Go into Settings > General > Storage > Manage Storage > Delete any iOS update that has been pre-downloaded for install.


The end result is that I save 3GB of data per month (3 x iOS devices). Apple can't slowdown my devices, or introduce a shutdown "feature", in the new iOS to coerce me to upgrade every year ($3,000 savings per year). Here are the CPU scores for my iPhone 6S Plus running on its original iOS 9.2:

 

[Puddled]

Show me one article that shows Apple uses lesser quality batteries than their competitors. I'm talking QUALITY, not capacity.

Erm, samsung says the new battery tech is good for 95% capacity after TWO years. Apple says 80% after 12 months.

Now perhaps samsung is spouting pish, but even if you double the capacity loss of samsung, it is still HALF that of Apples over TWICE the period.

 

[617660]

So you'd rather your 2-year-old iPhone just keep shutting down on you, instead of being slightly throttled to keep it usable?

Boy, I've answered this many times.
I think it's just the same guy registering different accounts and keep asking me the same theoretical question.

My answer is simple: If the phone shuts down unexpectedly, then there is something inherently wrong with the phone and the phone should have been recalled instead of letting it getting to everyone's hand!

What? Afraid of a recall? Don't think it's an economical solution? Well, I am not surprised.