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

google lawsuit
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.

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.

Cars

VW will use Siri as the designated driver for its connected car party

Volkswagen of America added Apple's Siri to help drivers control and interact with their cars. Owners can customize voice commands to tell Siri to change access settings such as interior climate, vehicle lock status, and fuel checks.
Mobile

Best iPhone 7 Plus screen protectors to shield your big, beautiful display

Cracked screens are expensive to replace. Fortunately for you, we've rounded up what's available in terms of protection for Apple's large iPhone 7 Plus. Here are the best screen protectors you can buy.
Mobile

These 100 best iPhone apps will turn your phone into a jack-of-all-trades

The iPhone is the most popular smartphone in the world, and we want to bring out the best in yours. Behold our comprehensive list of the best iPhone apps, from time-saving productivity tools to fun apps you won’t be able to put down.
Deals

The best iPhone deals for November 2018

Apple devices can get expensive, but if you just can't live without iOS, don't despair: We've curated an up-to-date list of all of the absolute best iPhone deals available for November 2018.
Mobile

The Motiv smart ring is coming to 20 more countries and physical stores

Remember Motiv's activity tracking smart ring? It's back with a raft of new features that adds biometric identification and token authentication, all on a device that fits on your finger.
Wearables

Everything you need to know about Garmin’s GPS watches and trackers

Garmin jumped into the GPS smartwatch and fitness tracker market five years ago and has built a portfolio of devices that rivals competitor Fitbit. Here's your guide to the latest and greatest fitness devices that Garmin has to offer.
Mobile

Sharp doubles down on the notch trend with Aquos R2 Compact

As if one notch wasn't enough, Japanese manufacturer Sharp unveiled a new smartphone that has two -- one teardrop style notch at the top, and a bigger notch at the bottom. Here's what the world's first dual-notch smartphone looks like.
Mobile

Verizon has made its first 5G video call … with a phone that’s already out

Verizon has announced that it has successfully made its first video call, using a smartphone that's already available: The Motorola Moto Z3. To make the call, Verizon used the 5G Moto Mod.
Mobile

Samsung patents show what Infinity-O display could look like on Galaxy S10

While we still may be months away from an announcement, there's no doubt about it: Samsung is working hard on its successor to the Galaxy S9. Here's everything we know about the upcoming Samsung Galaxy S10.
Home Theater

Google Chromecast and Chromecast Ultra: Everything you need to know

Google's Chromecast plugs into your TV's HDMI port, allowing you to stream content from your tablet, laptop, or smartphone directly to your TV. Here's what you need to know about all iterations, including the 4K-ready Chromecast Ultra.
Mobile

The best protective iPhone cases to defend against dirt, dings, and drops

If you’re going off-road or work outdoors, it could be a good idea to invest in a tough case. These are our picks of the best protective iPhone cases for all iterations of the iPhone, from the iPhone XS to the 7.
Social Media

Build a wish list and shop videos with Instagram’s latest shopping update

Eyeing a product on Instagram? Now there are more ways to shop from the social network. Instagram just rolled out options to save products in a collection as users can also now shop from videos.
Product Review

With style and feature upgrades, Misfit's next-generation Vapor 2 gets it right

Misfit’s next-generation smartwatch, the Vapor 2, packs built-in GPS, a heart-rate sensor, and more, into a beautiful design that starts from $250. We take a closer look at the company's latest device.
Deals

All the Best Target Black Friday deals for 2018

The mega-retailer opens its doors to the most competitive shoppers at 6 p.m. on Thursday, November 22, and signs indicate that the retailer means business this year. We've sifted through all of the deals, from consumer electronics to small…