In a new class action lawsuit lodged with a New York district court on Tuesday, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.
According to AppleInsider, The members of the suit claim that app performance, of both first- and third-party apps, was hindered by the update, as was general device performance and touchscreen responsiveness. Some members claim they experienced freezes and crashes, as well.
The actual performance of the device is just the beginning of the suit, however. The lawsuit asserts that Apple, through “internal testing and/or through other means,” was aware of the effects iOS 9 would have on the iPhone 4s, yet it went through with the update and even advertised things like increased performance and battery life as improvements in the update. The plaintiffs argue that Apple should have at least warned iPhone 4s owners of the potential issues.
It doesn’t stop there, however. The suit goes on to argue that because of the iOS ecosystem, users are far more likely to buy a new iOS device than switch to a competition platform like Android. The plaintiffs argue that users don’t want to reinvest in nontransferable content such as apps.
The 100+ iOS device users who are part of the class so far are seeking more than US$5 million in damages for their distress, with the possibility of that amount rising. If the lawsuit continues, the class action status means that a much larger group of people could be invited to benefit from any potential payout or settlement.
Do you also feel that after upgrading your old iPhone to iOS 9 degraded its performance? We’d love to hear from you in the comments!