Skip to main content

Furious iPhone 4S owners sue Apple for $5M, alleging iOS 9 crippled their phones

Apple looks to leave 2015 on somewhat of a sour note, as the company was recently hit with a class-action lawsuit, with the iPhone 4S and iOS 9 at the heart of it all, reports AppleInsider.

The main issue, according to plaintiff Chaim Lerman and other iPhone 4S customers, is that Apple crippled the smartphone’s performance after upgrading to iOS 9. More specifically, after upgrading to iOS 9, Lerman and the other plaintiffs noticed a sharp decrease in performance in third-party apps and Apple’s own applications, such as the Phone app.

Recommended Videos

Apple’s website for iOS 9 advertises “faster performance, improved security, convenient updates, and longer battery life.”

In addition, because there isn’t an official path to downgrade to a previous iOS version, Lerman feels like the only options iPhone 4S users like himself have are to either keep using the slow smartphone or upgrade to a newer iPhone. Finally, Lerman and the other plaintiffs accused Apple of not properly informing iPhone 4S owners that iOS 9 would “significantly interfere” with the phone’s performance.

As evidence for the latter, the lawsuit points to Apple’s website for iOS 9, which advertises “faster performance, improved security, convenient updates, and longer battery life.” Furthering the point is the plaintiffs’ accusation that Apple must have known about the iPhone 4S’ slower performance on iOS 9, yet didn’t warn owners about such a pitfall. According to the plaintiffs, Apple stands to financially benefit from not warning iPhone 4S owners due to customers readily upgrading to a newer iPhone when given a choice.

In short, the plaintiffs accuse Apple of planned obsolescence, a policy where companies knowingly design products that become non-functional over a set period of time.

Lerman and the more than 100 other plaintiffs are asking over $5 million in damages, with an option to treble, which triples the amount being asked for. No hearings have been set, with New York District Judge Sterling Johnson Jr. presiding over the case.

Unfortunately for the suing party, a previous 2011 lawsuit regarding planned obsolescence and the iOS 4 update for the iPhone 3G was thrown out by the judge. In that case, the judge ruled that iOS 4 was not a good or a service, while also dismissing claims of false advertising and deceptive business practices. In other words, while time has certainly passed and the current case does have a different judge presiding over it, history is not on the plaintiffs’ side.

Williams Pelegrin
Williams is an avid New York Yankees fan, speaks Spanish, resides in Colorado, and has an affinity for Frosted Flakes. Send…
iOS 19 isn’t coming this fall … because Apple is calling it something else
The back of the Apple iPhone 16 Pro Max.

Apple will unveil the latest version of the iPhone operating system at WWDC next month, but apparently it won’t be “iOS 19.”

The tech giant is going to shake up the naming system for iOS, with the next version set to be called iOS 26, according to a Bloomberg report by prominent Apple tipster Mark Gurman on Wednesday.

Read more
iOS 18.5 arrives as Apple edges closer to big iOS 19 reveal
The iOS 18.5 update waiting on an iPhone 16 Pro Max.

Apple has released iOS 18.5 and iPadOS 18.5, the latest software updates for its iPhone and iPad models. As the version numbers suggest, Apple is gradually getting closer to the announcement of iOS 19, which will almost certainly be one of the main topics during its Worldwide Developer Conference (WWDC) keynote which takes place on June 9. In the meantime, here’s what you need to know about iOS and iPadOS 18.5.

Apple iPhone and iPad owners can check their devices for the update now by opening the Settings app, tapping General, and then Software Update. If iOS 18.5 or iPadOS 18.5 is available, it’ll show up here and you only need to follow the instructions to install it. What will you find once it’s all up and running?This isn’t a big software update, so don’t expect to spot any major alterations. Likely the most obvious will be a new wallpaper in Apple’s 2025 Pride collection, which follows the recent release of a special Pride 2025-themed Sport Band for the Apple Watch. If you’re a parent and your child has an iPhone, you’ll receive a notification when the Screen Time passcode is used, provided both devices have iOS 18.5 installed. 

Read more
Your current iPhone battery could last longer with iOS 19, thanks to AI
iOS 19 leak renders with squircle icons.

Imagine downloading a software update for your current iPhone and the battery life getting extended. That could be a reality thanks to iOS 19.

According to a report by Bloomberg's Mark Gurman, we can expect iOS 19 to leverage AI in such a way as to actually improve battery life efficiency on iPhone.

Read more