Apple Reaches Settlement to Pay $15 to Some iPhone 4S Owners Who Experienced Buggy Performance After iOS 9 Update

[MacRumors]

Apple has agreed to settle a long-lasting six-year class-action lawsuit that accused it of knowingly slowing down iPhone 4S devices following the iOS 9 update in 2015, agreeing to pay some iPhone 4S owners who had experienced poor performance $15 each for their claims.

The class-action lawsuit was initially filed in December 2015 by plaintiffs representing a group of iPhone 4S customers from New York and New Jersey. The lawsuit accused Apple of falsely marketing the iOS 9 update as providing enhanced performance on devices it supports, including the iPhone 4S.

Plaintiffs collectively filed the operative Complaint in this action alleging that the Class was harmed when consumers downloaded iOS 9 onto their iPhone 4S devices after being exposed to Apple’s allegedly false description of the new operating system. Plaintiffs contend that Apple misrepresented that iOS 9 was compatible with the iPhone 4S and would improve or “enhance performance” for its customers that downloaded the software update. Instead, Plaintiffs contend, iOS 9 significantly slowed down the performance of their iPhone 4S devices.

Apple marketed iOS 9 with the tagline "The most advanced mobile experience. Now even more so." The update included proactive Siri Suggestions, Slide Over, Split View, Picture in Picture on iPad, etc. On the iPhone, Apple promised "under-the-hood refinements [that] bring you more responsive performance." The class-action lawsuit argues that the claim was false marketing for the iPhone 4S, the oldest iPhone iOS 9 supported.

Apple claiming iOS 9 offers faster performance for supported devices, including the iPhone 4S​

Under the settlement, Apple allocated $20 million to compensate iPhone 4S owners in New York and New Jersey who experienced poor performance after updating to iOS 9. Customers who believe they are entitled to the $15 must "submit a declaration under the penalty of perjury that, to the best of their knowledge, they downloaded iOS 9, or any version thereof, onto their iPhone 4S... their iPhone 4S experienced a significant decline in performance as a result, are entitled to a payment of $15 per applicable device."

A website will be created where customers who believe they are entitled to the settlement will be able to submit a form, providing their name, email, iPhone 4S serial number (if possible), and mailing address. See the full motion here.

Article Link: Apple Reaches Settlement to Pay $15 to Some iPhone 4S Owners Who Experienced Buggy Performance After iOS 9 Update

 

[I7guy]

To get the $15 will be more than $15 of my time.

 

[FHoff]

Wow. I hope this makes those users feel better.

 

[Villarrealadrian]

Maaan do this for iPhone 3G on iOS 4 and iPhone 4 on iOS 7!! total garbage OSs!

 

[aries81]

wonder how many boats one can buy with that newfound wealth.

 

[NewUsername]

I see the iPhone 4S ad and it makes me think OMG that looks amazing I want to get one asap!!!

 

[BootsWalking]

iPhone 4? That was 12 years ago. I think I'll file a lawsuit for my Apple Lisa. I think one of the floppies was dirty.

 

[emulator]

wonder how many boats one can buy with that newfound wealth.

The lawyers win again. Next class action case, please.

 

[Danfango]

The only winner was the lawyers as always.

 

[TheYayAreaLiving 🎗️]

Wow! This is better than nothing. Can’t believe it took this long. At least this settlement amount will cover up one time lunch or dinner for some.

 

[samifathi]

Wow! This is better than nothing. Can’t believe it took this long. At least this settlement amount will cover up one time lunch or dinner for some.

Honestly, the hassle that customers will have to go through with filing a claim, proving it somehow, submitting a declaration, etc..., only for $15 seems pointless. If someone is losing sleep because their iPhone from 11 years ago was slow after an update on a random night, they need some serious help in my opinion.

 

[boyarka]

So Apple releases OS with false claims, users' phones get slow, users sue Apple, Apple settles at 15$ compensation per phone - to receive the 15$ one must submit a claim which if not true consitutes a felony with (depending on state) is punisheable with up to 5 years. On one hand to deter ralse claims for this very generous compensation, on the other hand great victories of consumer rights protection need protecting themselves.

This has to be one of the most american news I will read this entire month.

 

[aries81]

The lawyers win again. Next class action case, please.

well someone called for one over the iPad on here, so there's potential to be paid a tenner in 15 years time.

 

[Lexdexia]

Planned obsolescence moment

 

[44267547]

Some will be like this over $15…..

“It’s my money and I need it now!”

 

[webkit]

This is not so much about the $15 each person gets but rather the $20 million "penalty" Apple has to pay out in hopes that it will deter them (although for a company the size of Apple, $20 million probably isn't much of a deterrent) from trying to do something similar again in the future.

 

[litmag01]

Roughly $13 in 2015 play money.

 

[Shanghaichica]

All that for $15. Waste of time.

 

[MajorFubar]

I was one of those affected. Wow a full $15. Now do i spend it or invest...

 

[roncron]

You can bet the class' attorneys are making more than $15.

I scanned the document and couldn't find the attorney's fees, or the cost of the class administrator they recommend to operate the website and disperse the funds to class members. (It did say that the class would be informed of the fees and would have an opportunity to comment or object.)

But in many similar cases, the attorneys representing the class get obscenely large fees, and the award to class members is a token amount. A few years ago, I got a notice from an attorney's firm that, because I owned a Toshiba laptop in the late 1990s and because the CD drive in it was found to have a higher than normal failure rate (mine never failed), I was eligible to get a share of the settlement. The settlement was that each person who owned that Toshiba laptop got a coupon for $10 off the purchase of their next Toshiba laptop--provided it was purchased directly from Toshiba and not from a third-party retailer. The attorneys representing the class got $14 million, if I recall correctly. That's what got me interested in following news about class action lawsuits and settlements.

There is an industry of law firms that only do class action lawsuits. In many cases, the law firm finds a possible alleged defect, often a trivial one, and originate the legal action, rather than parties who are injured initiating the legal action. They send out notices to people who own the product to join the class in hopes of getting compensated. Many of these cases don't pan out, but enough of them do that the firms get super rich.

Meanwhile, the court system has a backlog and it takes a long time for people with real legal problems to get their day in court.

 

[nathan_reilly]

"Apple of falsely marketing the iOS 9 update as providing enchanted performance" LOLOLOL

*Boy, I'm always enchanted by Weasel apple*

*weaslin*

 

[no_idea]

Wow…what an utter waste of time, resources, and $$$. Why do these settlements even bother to occur?

 

[nathan_reilly]

Wow…what an utter waste of time, resources, and $$$. Why do these settlements even bother to occur?

someone outta ask the settlements why they even bother. Why occur, you, settlement?

 

[sorgo †]

✨enchanted✨ performance?? 😍

 

[rupertpupkin]

class action attorney right up there with personal injury attornies... extortionists.