Texas files first lawsuit over Apple’s iPhone slowdown

Texas has joined the ever growing list of places Apple is facing legal action over its slowdown of older iPhones.

The Class action filed by Mark Miller, Chris Spearman and Craig Stanford accuses Apple of misleading customers.

It comes a day after Apple issued an unprecedented apology over its handling of the admission it slows down older iPhones.

  

The iPhone 6 , one of the affected handsets: Today Texas has joined the ever growing list of places Apple is facing legal action over its slowdown of older iPhones.

WHAT APPLE IS DOING 

Apple is reducing the price of an out-of-warranty iPhone battery replacement by $50 — from $79 to $29 — for anyone with an iPhone 6 or later whose battery needs to be replaced, starting in late January and available worldwide through December 2018.

Early in 2018, it will issue an iOS software update with new features that give users more visibility into the health of their iPhone’s battery, so they can see for themselves if its condition is affecting performance.  

‘Apple promised that its recent iOS 10 and iOS 11 software updates to the iPhone 6 and iPhone 7 models would improve those devices’ performance and it strongly encouraged its customers to accept those updates,’ the Texas suit says.

‘But Apple didn’t tell its customers that it had intentionally designed those software updates to slow the devices’ processing speed to correct a battery defect. 

‘Apple then happily took its customers’ money when the customers, dissatisfied with their now-slower devices, purchased new and more expensive iPhones.’ 

The firm said last week it ‘throttles’ phones to extend their life and stop them from shutting down as batteries age and become less effective, triggering lawsuits across the world.

All the US lawsuits – filed in U.S. District Courts in California, New York and Illinois – seek class-action to represent potentially millions of iPhone owners nationwide. 

Yesterday Apple published a letter saying ‘We know that some of you feel Apple has let you down’, and revealed it is slashing the price of a replacement battery, and planning to show users exactly how much their battery has degraded.

‘We apologize. There’s been a lot of misunderstanding about this issue, so we would like to clarify and let you know about some changes we’re making.’

‘First and foremost, we have never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades,’ Apple said.

‘Our goal has always been to create products that our customers love, and making iPhones last as long as possible is an important part of that.’

The firm said last week it 'throttles' phones to extend their life and stop them from shutting down as batteries age and become less effective, triggering lawsuits across the world.

The firm said last week it ‘throttles’ phones to extend their life and stop them from shutting down as batteries age and become less effective, triggering lawsuits across the world.

Apple said it is reducing the price of an out-of-warranty iPhone battery replacement by $50 — from $79 to $29 — for anyone with an iPhone 6 or later whose battery needs to be replaced, starting in late January and available worldwide through December 2018.

The firm will also cut prices around the world, but has not yet revealed the pricing outside the US.

In the UK, a replacement battery costs £79.

Early in 2018, it will issue an iOS software update with new features that give users more visibility into the health of their iPhone’s battery, so they can see for themselves if its condition is affecting performance.  

APPLE’S BATTERY LETTER IN FULL 

‘We’ve been hearing feedback from our customers about the way we handle performance for iPhones with older batteries and how we have communicated that process. 

We know that some of you feel Apple has let you down. 

We apologize. There’s been a lot of misunderstanding about this issue, so we would like to clarify and let you know about some changes we’re making.

First and foremost, we have never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades. Our goal has always been to create products that our customers love, and making iPhones last as long as possible is an important part of that.

How batteries age 

All rechargeable batteries are consumable components that become less effective as they chemically age and their ability to hold a charge diminishes. Time and the number of times a battery has been charged are not the only factors in this chemical aging process.

Device use also affects the performance of a battery over its lifespan. For example, leaving or charging a battery in a hot environment can cause a battery to age faster. These are characteristics of battery chemistry, common to lithium-ion batteries across the industry.

A chemically aged battery also becomes less capable of delivering peak energy loads, especially in a low state of charge, which may result in a device unexpectedly shutting itself down in some situations.

To help customers learn more about iPhone’s rechargeable battery and the factors affecting its performance, we’ve posted a new support article, iPhone Battery and Performance.

It should go without saying that we think sudden, unexpected shutdowns are unacceptable. We don’t want any of our users to lose a call, miss taking a picture or have any other part of their iPhone experience interrupted if we can avoid it.

Preventing unexpected shutdowns 

About a year ago in iOS 10.2.1, we delivered a software update that improves power management during peak workloads to avoid unexpected shutdowns on iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, and iPhone SE. With the update, iOS dynamically manages the maximum performance of some system components when needed to prevent a shutdown. While these changes may go unnoticed, in some cases users may experience longer launch times for apps and other reductions in performance.

Customer response to iOS 10.2.1 was positive, as it successfully reduced the occurrence of unexpected shutdowns. We recently extended the same support for iPhone 7 and iPhone 7 Plus in iOS 11.2.

Of course, when a chemically aged battery is replaced with a new one, iPhone performance returns to normal when operated in standard conditions.

Recent user feedback

Over the course of this fall, we began to receive feedback from some users who were seeing slower performance in certain situations. Based on our experience, we initially thought this was due to a combination of two factors: a normal, temporary performance impact when upgrading the operating system as iPhone installs new software and updates apps, and minor bugs in the initial release which have since been fixed.

We now believe that another contributor to these user experiences is the continued chemical aging of the batteries in older iPhone 6 and iPhone 6s devices, many of which are still running on their original batteries.

Addressing customer concerns 

We’ve always wanted our customers to be able to use their iPhones as long as possible. We’re proud that Apple products are known for their durability, and for holding their value longer than our competitors’ devices.

To address our customers’ concerns, to recognize their loyalty and to regain the trust of anyone who may have doubted Apple’s intentions, we’ve decided to take the following steps:

  • Apple is reducing the price of an out-of-warranty iPhone battery replacement by $50 — from $79 to $29 — for anyone with an iPhone 6 or later whose battery needs to be replaced, starting in late January and available worldwide through December 2018. Details will be provided soon on apple.com.
  • Early in 2018, we will issue an iOS software update with new features that give users more visibility into the health of their iPhone’s battery, so they can see for themselves if its condition is affecting performance.
  • As always, our team is working on ways to make the user experience even better, including improving how we manage performance and avoid unexpected shutdowns as batteries age.

 

At Apple, our customers’ trust means everything to us. We will never stop working to earn and maintain it. We are able to do the work we love only because of your faith and support — and we will never forget that or take it for granted.

 

The firm said last week it slows down phones to extend their life and stop them from shutting down as batteries age and become less effective, triggering lawsuits across the world.

In addition a South Korea’s Communications Commission has reportedly asked for an explanation of the issue from Apple, while in France a consumer group has filed filed preliminary, legal complaints in court.  

‘We are hoping to get some answers on whether Apple intentionally restricted the performance of old iPhones and tried to hide this from customers,’ the Korean Commission said. 

The tech giant said 'We know that some of you feel Apple has let you down', and revealed it is slashing the price of a replacement battery, and will show users exactly how much their battery has degraded.  This image shows CEO Tim Cook at the launch of the iPhone 6 on September 9, 2015

The tech giant said ‘We know that some of you feel Apple has let you down’, and revealed it is slashing the price of a replacement battery, and will show users exactly how much their battery has degraded.  This image shows CEO Tim Cook at the launch of the iPhone 6 on September 9, 2015

French consumer association called ‘HOP’, standing for ‘Stop Planned Obsolescence’, has  filed preliminary, legal complaints in court against Apple and Epson. 

HOP said it filed its complaint against Apple in Paris on Wednesday. 

A prosecutor opened an investigation into Epson last month, a judicial source said on Thursday, following a complaint filed in September by HOP in a court in the Paris suburb of Nanterre.

Laetitia Vasseur, co-founder of HOP, told Reuters the aim of both complaints was to apply the French consumer law, which was modified in 2015 to include the notion of planned obsolescence.

Geekbench developer John Poole decided to analyse the results of a number of iPhone 6 and 7 models running various versions of iOS. He found an update issued to fix a ' sudden shutdown' issue wit the iPhone 6 was to blame for poor performance

Geekbench developer John Poole decided to analyse the results of a number of iPhone 6 and 7 models running various versions of iOS. He found an update issued to fix a ‘ sudden shutdown’ issue wit the iPhone 6 was to blame for poor performance

Apple is already facing lawsuits in the United States over accusations of having defrauded iPhone users by slowing down devices without warning to compensate for poor battery performance.  

Under French law, companies risk fines of up to 5 percent of their annual sales for deliberately shortening the life of their products to spur demand to replace them. 

All the US lawsuits – filed in U.S. District Courts in California, New York and Illinois – seek class-action to represent potentially millions of iPhone owners nationwide.

HOW APPLE’S THROTTLING WORKS 

Apple says with a low battery state of charge, a higher chemical age, or colder temperatures, users are more likely to experience unexpected shutdowns. 

To get around this, it introduces software in iOS to manage the issue.  

‘This power management works by looking at a combination of the device temperature, battery state of charge, and the battery’s impedancem’ Apple says.

‘Only if these variables require it, iOS will dynamically manage the maximum performance of some system components, such as the CPU and GPU in order to prevent unexpected shutdowns. 

‘As a result, the device workloads will self-balance, allowing a smoother distribution of system tasks, rather than larger, quick spikes of performance all at once. In some cases, a user may not notice any differences in daily device performance. The level of perceived change depends on how much power management is required for a particular device.

In cases that require more extreme forms of this power management, Apple says users may notice effects such as:

  • Longer app launch times
  • Lower frame rates while scrolling
  • Backlight dimming (which can be overridden in Control Center)
  • Lower speaker volume by up to -3dB
  • Gradual frame rate reductions in some apps
  • During the most extreme cases, the camera flash will be disabled as visible in the camera UI
  • Apps refreshing in background may require reloading upon launch

However, it says the following areas are not affected:

  • Cellular call quality and networking throughput performance
  • Captured photo and video quality
  • GPS performance
  • Location accuracy
  • Sensors like gyroscope, accelerometer, barometer
  • Apple Pay

 

 

A similar case was lodged in an Israeli court on Monday, the newspaper Haaretz reported.

One of the lawsuits, filed Thursday in San Francisco, said that ‘the batteries’ inability to handle the demand created by processor speeds’ without the software patch was a defect.

‘Rather than curing the battery defect by providing a free battery replacement for all affected iPhones, Apple sought to mask the battery defect,’ according to the complaint.

The plaintiff in that case is represented by attorney Jeffrey Fazio, who represented plaintiffs in a $53-million settlement with Apple in 2013 over its handling of iPhone warranty claims.

The problem now seen is that users over the last year could have blamed an aging computer processor for app crashes and sluggish performance – and chose to buy a new phone – when the true cause may have been a weak battery that could have been replaced for a fraction of the cost, some of the lawsuits state.

‘If it turns out that consumers would have replaced their battery instead of buying new iPhones had they known the true nature of Apple’s upgrades, you might start to have a better case for some sort of misrepresentation or fraud,’ said Rory Van Loo, a Boston University professor specializing in consumer technology law.

But Chris Hoofnagle, faculty director for the Berkeley Center for Law & Technology, said in an email that Apple may not have done wrong.

‘We still haven’t come to consumer protection norms’ around aging products, Hoofnagle said. 

Pointing to a device with a security flaw as an example, he said, ‘the ethical approach could include degrading or even disabling functionality.’

The lawsuits seek unspecified damages in addition to, in some cases, reimbursement. 

A couple of the complaints seek court orders barring Apple from throttling iPhone computer speeds or requiring notification in future instances.

Stefan Bogdanovich and Dakota Speas from Los Angeles have filed a lawsuit with the US District Court for the Central District of California.

They are accusing Apple of interfering with their devices without consent.

The pair are trying to get the case certified to cover all people in the United States who owned an Apple phone older than the iPhone 8.

Their application for the lawsuit states: ‘Plaintiffs and Class Members never consented to allow Defendants to slow their iPhones.

‘As a result of Defendant’s wrongful actions, Plaintiffs and Class Members had their phone slowed down, and thereby it interfered with Plaintiffs’ and Class Members’ use or possession of their iPhones.’

Apple said it recently extended the feature to iPhone 7 with iOS 11.2, and said it plans to add support for other products in the future

Apple said it recently extended the feature to iPhone 7 with iOS 11.2, and said it plans to add support for other products in the future

A second lawsuit, filed by five plaintiffs in the Northern District of the State of Illinois, accuses Apple of deliberately keeping its power management features under wraps to persuade people to upgrade to newer devices.

‘Apple’s iOS updates purposefully neglected to explain that its purposeful throttling down of older model devices and resulting lost or diminished operating performance could be remedied by replacing the batteries of these devices,’ the lawsuit states.

‘Instead, Apple’s decision to purposefully slowdown or throttle down these devices was undertaken to fraudulently induce consumers to purchase the latest iPhone versions of the iPhone 7, as well as new phones such as the iPhone 8 and iPhone X .’

In a statement sent to MailOnline, a spokesman for Apple said: ‘Our goal is to deliver the best experience for customers, which includes overall performance and prolonging the life of their devices. 

‘Lithium-ion batteries become less capable of supplying peak current demands when in cold conditions, have a low battery charge or as they age over time, which can result in the device unexpectedly shutting down to protect its electronic components. 

‘Last year we released a feature for iPhone 6, iPhone 6s and iPhone SE to smooth out the instantaneous peaks only when needed to prevent the device from unexpectedly shutting down during these conditions. 

‘We’ve now extended that feature to iPhone 7 with iOS 11.2, and plan to add support for other products in the future.’ 

A consumer watchdog that evaluates electronic gadgets’ performance sparked the outcry after it found that processing power of older models is limited once battery life begins to suffer.

Apple has come under fire for not being clear with users about the software update, or explaining when throttling happens. 

The update reduces this drain on resources, allowing the phones to continue operating. 

The drop in performance came to light in benchmark tests, from Toronto-based firm Geekbench. 

It found that on certain versions the Apple operating system, phones with older batteries achieved much lower performance scores.

Battery capacity is expected to decrease as they age, but processor performance should stay the same. 

However, users with older iPhones with lower-than-expected Geekbench scores have reported that replacing the battery increases their score, as well as the performance of the phone.

Geekbench developer John Poole decided to analyse the results of a number of iPhone 6 and 7 models running various versions of iOS.

He found that an update issued to fix the ‘sudden shutdown’ issue, when users found their iPhone 6 was turning off when its battery reached half charge, was to blame. 

This resulted in the poor performance results observed. 

Writing in a blog post, Mr Poole said: ‘It appears the problem is widespread, and will only get worse as phones, and their batteries, continue to age.

‘I believe, as do others, that Apple introduced a change to limit performance when battery condition decreases past a certain point. 

‘If the performance drop is due to the ‘sudden shutdown’ fix, users will experience reduced performance without notification. 

‘Users expect either full performance, or reduced performance with a notification that their phone is in low-power mode. 

‘This fix creates a third, unexpected state.’ 

Without this warning Mr Poole believes that the fix will cause users to believe their phone is slow so they should replace it, rather than the battery which is actually at fault.

‘This will likely feed into the ‘planned obsolescence’ narrative,’ he added. 

Every time Apple launches a new handset people seemingly flock to Google to ask why their current iPhone or iOS is slow. 

This trend has been seen every year since Apple released the iPhone 3G in 2008. 

Explanations for the slowness range from Apple’s iOS causing problems on older devices to the firm deliberately slowing down old phones to make people buy the new handsets. 

This latter explanation is known as planned, or built-in, obsolescence. 

This is the idea that manufacturer’s deliberately make their products in such a way that they become out-of-date sooner. 

By doing this, the companies can encourage customers to buy the latest model of a certain product. 

This also stimulates demand for products because people return again and again.  

Google Trends data (pictured) shows that searches for ‘slow iOS’ and ‘slow iPhone’ significantly peaked on the days after each was released. Explanations range from Apple’s iOS causing problems to the firm deliberately slowing down old phones to make people upgrade

 



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