Second class action suit surrounding Apple's throttling of iPhones with depleted batteries...

AppleInsider

Just hours after the first class action suit was launched against Apple alleging harm by the company's actions to keep iPhones functional in the case of a chemically depleted battery, a quintet of filers in have also launched their own in Chicago.

According to the Chicago Sun Times on Thursday night, two Illinois residents have teamed with citizens of Ohio, Indiana, and North Carolina in the suit, with devices spanning the iPhone 5 to the iPhone 7.

The filing says that Apple has acted in "deceptive, immoral, and unethical" ways, with the iOS 10.2.1 update engineered to "purposefully slow down or 'throttle down' the performance speeds" of the iPhone 5, iPhone 6, and iPhone 7. The filers claim that Apple is in violation of consumer protection laws about deceptive business practices.

Not noted in the filing is that the update prevented unexpected shutdowns with a chemically depleted battery in the case of the iPhone 5s, iPhone 6, and iPhone SE. Batteries are considered consumables, with users responsible for condition of the battery after Apple's one-year warranty expires, or after two years if AppleCare+ is purchased for the device.

The suit alleges that Apple has enacted the throttling willfully to force users to buy new phones and "needlessly subjects consumers to purchasing newer and more expensive iPhones when a replacement battery could have allowed consumers to continue to use their older iPhones." However, despite the suit's claims, a $79 replacement battery does in fact return full speed to the devices.

The plaintiffs have not specified how much money they are seeking in damages.

A lengthy Reddit thread was started on Dec. 10, with several satellite threads spun off over the weekend. All of the threads had users claiming higher benchmark results after a battery replacement. While there is no universal improvement in benchmarks after a replacement, some additional users did confirm that their devices felt faster after a replacement.

As a side-effect of the thread, and consequent reporting of it, the conspiracy theory suggesting that Apple intentionally slows down older iPhones to force purchasing a new device has risen again. It has been conclusively proven in older testing, as well as by benchmarks collated by GeekBench that older iPhone hardware with an adequately functioning battery is no slower than it was at launch.

Apple issued a statement about the theory on Wednesday, talking about the iOS 10.2.1 implementing a low-voltage throttle on the device's processor in the case of aged and depleted batteries on the iPhone 6, iPhone 6s, and iPhone SE. No mention was made of the iPhone 5 purported to be affected in the suit in Chicago.

The first lawsuit filed in California alleges essentially the same harms to consumers.

andrewj5790

This is so stupid. 

rogifan_new

This is going to get ugly. I’m seeing all kinds of local news reports about Apple slowing down older phones. That’s where the average consumers start hearing about it. And of course it just feeds into long-held conspiracy theories about planned obsolecense. I do think Apple’s trust and reputation will take a hit here. Might make sense for Schiller or Federighi to do some damage control interviews.

jungmark

Lawyers. Ugh. 

ai_lias

Something doesn’t add up here. Surely these are not the first smartphones to use lithium batteries that degrade over time. What changed, causing these to unexpectedly shut down? Sounds like a defect covered up by slowing down the phone instead of a recall. Why issue a recall when you can get users to buy batteries, or, even better, new phones. 

anilu_777

I think Apple just has to be transparent about the battery lifespan and tell users that on one hand they can expect updates for up to 5 years and on the other hand to expect the device to slow down as the battery gets older and the OS acts to maximize battery life. Being up front about it would have helped. Now Apple has to do damage control and the haters out there will just say that Apple wants people to buy a new phone. Offering battery replacement more obviously would help. 

mike wuerthele

Anilu_777 said:

I think Apple just has to be transparent about the battery lifespan and tell users that on one hand they can expect updates for up to 5 years and on the other hand to expect the device to slow down as the battery gets older and the OS acts to maximize battery life. Being up front about it would have helped. Now Apple has to do damage control and the haters out there will just say that Apple wants people to buy a new phone. Offering battery replacement more obviously would help. 

Battery replacement has been available for some time for $79.

Agree about more transparency, though.

anantksundaram

This is a serious set of lawsuits against Apple that is slowly developing. Regardless of what folks here say or feel, this will have to dealt with with a transparent, forthright manner by Apple.

In the longer run, it may even change the way Apple foists — yes, that’s the right word — its software updates on us. 

dewme

anantksundaram said:

This is a serious set of lawsuits against Apple that is slowly developing. Regardless of what folks here say or feel, this will have to dealt with with a transparent, forthright manner by Apple.

In the longer run, it may even change the way Apple foists — yes, that’s the right word — its software updates on us. 

The problem is that we no longer live in a society where facts, reason, or rational explanations matter. Personal beliefs and perceptions, no matter how naive or subjective, are the only reality. Apple can try to explain this with sound engineering, scientific, and customer value principles and logic but it will not change the minds of those who have already decided that this incident fully confirms everything negative they already believe about Apple. There are many commenters who now attribute every perceived performance degradation on their device to be an intentional act by Apple to trick them into buying a new device, regardless of the health of their battery. Unfortunately it all starts at the top and there is no cure in sight.

jb510

Where do I sign on?  

When my iPhome 6 was 18 months old and still under AppleCare it started spontaneously dying when the battery remaining was 40% and I did something like shoot a video.  Apple wouldn’t replace the battery because I wasn’t on the current OS and because the battery did not “test” out of spec according to the Genius Bar. Sure enough months later when I finally gave up my jailbreak and updated iOS the sudden shutdowns stopped too, but now the phone was slow as heck....  so... I replaced it.  

This is the key thing people are missing. Is this isn’t just 4 year old phones. Let’s talk about what an old battery is...  in my case it should have been a manufactures defect under warranty replacement at 18 months and wasn’t because the software crippled it instead.  .

Phones should operate normally, full power, for at least their warranty duration, don’t you think?

johnbear

dewme said:

The problem is that we no longer live in a society where facts, reason, or rational explanations matter. Personal beliefs and perceptions, no matter how naive or subjective, are the only reality. Apple can try to explain this with sound engineering, scientific, and customer value principles and logic but it will not change the minds of those who have already decided that this incident fully confirms everything negative they already believe about Apple. There are many commenters who now attribute every perceived performance degradation on their device to be an intentional act by Apple to trick them into buying a new device, regardless of the health of their battery. Unfortunately it all starts at the top and there is no cure in sight.

Here are my facts: My wife iPhone 5S on iOS 7 after 4 years runs as smooth as my iPhone 7 on iOS 10! I was very close to update the software on her 5S recently but glad I didn't. Based on my experience I'm inclined to believe what I suspected of apple for a while: they are shameless lying hypocrites and charlatans like most if not all large corporations!  

edited December 2017

seanismorris

Apple dropped the ball, big time.

Apple deceived millions into buying new phones when the problem could have been fixed at the Apple store for $79.

All Apple needed to do is inform users with degrading batteries, and give them options.

The coverup at Apple should absolutely result in damages awarded, and whoever ordered this being fired.

That said, the Class Action mentioned isn’t going to succeed.  But one that is crafted properly (by someone that understands the situation) likely will.

This isn’t likely to be a big hit to Apple financially, but it is a PR problem.

If I was Apple, I’d admit a mistake was made.  Throw someone under the bus for the decision.  And give owners something to make them happy.

I suggest a $10 App Store gift card to all owners, and a $10 rebate on a battery replacement is appropriate.

Apple makes back $3 on the gift cards, and it’s unlikely Apple would lose money on the $69 (79-10) battery replacements.

Apple would restore the good will, and probably profit from letting people know that it’s time to replace their batteries.

It would also ensure that when people do upgrade it’s to another Apple device.

bestkeptsecret

Wasn't there a big outrage when the iPod's battery supposedly lasted only 18 months?

I can still fire up my iPod 3G and listen to music on it.

Of course, most of us here knew it was inevitable that there would be a class action lawsuit.

Where there's a will, there's a relative. Where there's an Apple statement, there's a class action lawsuit.

seankill

jb510 said:

Where do I sign on?  

When my iPhome 6 was 18 months old and still under AppleCare it started spontaneously dying when the battery remaining was 40% and I did something like shoot a video.  Apple wouldn’t replace the battery because I wasn’t on the current OS and because the battery did not “test” out of spec according to the Genius Bar. Sure enough months later when I finally gave up my jailbreak and updated iOS the sudden shutdowns stopped too, but now the phone was slow as heck....  so... I replaced it.  

This is the key thing people are missing. Is this isn’t just 4 year old phones. Let’s talk about what an old battery is...  in my case it should have been a manufactures defect under warranty replacement at 18 months and wasn’t because the software crippled it instead.  .

Phones should operate normally, full power, for at least their warranty duration, don’t you think?

So my thought on your last question is: my car doesn’t throttle my engine when I am low on gas. To my knowledge, my MacBook doesn’t throttle my chips as the battery is aging. What makes the iPhone so special?

I bought a device that is expected to produce a certain level of preformance, I expect it to continue that level at all times unless otherwise told. Why cover up a failing battery? If it’s a serious problem, I will replace it, as most consumers would once it’s condition is poor. There is no defending Apple on this one. 

Not sure how big of a deal this is but the iOS versions here lately have been horrid on my iPhone 7. So bad, I am restarting or hard restarting my phone at least once per day, often multiple times per day. It’s like using a beta iOS or a Samsung. Really annoying. Generally it happens when using built in Apple apps too. Anyone else having a similar experience?

mike wuerthele

seankill said:

jb510 said:

Where do I sign on?  

When my iPhome 6 was 18 months old and still under AppleCare it started spontaneously dying when the battery remaining was 40% and I did something like shoot a video.  Apple wouldn’t replace the battery because I wasn’t on the current OS and because the battery did not “test” out of spec according to the Genius Bar. Sure enough months later when I finally gave up my jailbreak and updated iOS the sudden shutdowns stopped too, but now the phone was slow as heck....  so... I replaced it.  

This is the key thing people are missing. Is this isn’t just 4 year old phones. Let’s talk about what an old battery is...  in my case it should have been a manufactures defect under warranty replacement at 18 months and wasn’t because the software crippled it instead.  .

Phones should operate normally, full power, for at least their warranty duration, don’t you think?

So my thought on your last question is: my car doesn’t throttle my engine when I am low on gas. To my knowledge, my MacBook doesn’t throttle my chips as the battery is aging. What makes the iPhone so special?

I bought a device that is expected to produce a certain level of preformance, I expect it to continue that level at all times unless otherwise told. Why cover up a failing battery? If it’s a serious problem, I will replace it, as most consumers would once it’s condition is poor. There is no defending Apple on this one. 

Not sure how big of a deal this is but the iOS versions here lately have been horrid on my iPhone 7. So bad, I am restarting or hard restarting my phone at least once per day, often multiple times per day. It’s like using a beta iOS or a Samsung. Really annoying. Generally it happens when using built in Apple apps too. Anyone else having a similar experience?

No, but it may have a "limp home" mode in the event of some kind of problem. That's what this is. And, in the case of a depleted battery in at least the white plastic MacBooks, and MacBook Pros before 2010 for sure, and possibly more models, if it isn't capable of delivering enough power, or is not installed, the machine clocks itself down to properly operate.

I'm certainly not defending Apple's lack of response to the situation. However, there are chemical and physical realities associated with batteries, and the throttling in response to a depleted one is fine. Just not the lack of disclosure.

Again, the choices here are a crashing phone that shuts off randomly, or one that is slower and still works.

edited December 2017

palegolas

#golddiggers 

racerhomie3

Hopefully the judge ,charges the lawyer, for spreading lies. Can I sue Samsung,and all other battery makers now?

hentaiboy

Do we know if Apple is throttling iPads as well? My Air 2 has been running like crap since updating to iOS 11 

racerhomie3

The BS ,spread by the media, with clickbait, might lead us to getting restarts on our old phones. What the hell is wrong with the fake news 

gmgravytrain

THROTTLEGATE... I feel I must also file a third lawsuit against Apple. My agonizingly slow iPhone is ruining my business and my marriage. I now require psychological counseling because of Apple's underhanded actions. I'm not sure if $10M will be enough to ease my pain and suffering. Oh, the humanity. Apple might as well turn over all that repatriated cash to me and my lawyer. Oh, no... I feel a definite mood swing coming on. Where did I put my Glock? No tech company is going to throttle my trigger finger. /s

edited December 2017

k2kw

rogifan_new said:

This is going to get ugly. I’m seeing all kinds of local news reports about Apple slowing down older phones. That’s where the average consumers start hearing about it. And of course it just feeds into long-held conspiracy theories about planned obsolecense. I do think Apple’s trust and reputation will take a hit here. Might make sense for Schiller or Federighi to do some damage control interviews.

Cooks going to get an invite to Capital Hill to explain this and do the corporate act of contrition.