Third iPhone battery lawsuit says Apple used slowdowns to avoid fixing defects

Posted:
in iPhone edited December 2017
Taking a different tack, another class action lawsuit -- following Apple's admission that it slows down iPhones with weakened batteries -- charges that the company made the change to avoid the full cost of fixing defects.




In a filing with the U.S. District Court for the Northern District of California, lawyers for plaintiff Keaton Harvey explained that a prior iPhone 6 of his suffered from spontaneously shutdowns despite having more than 50 percent charge, and became extremely slow, eventually leading him to buy a new iPhone at a cost of over $1,000.

The attorneys noted that in Nov. 2016, Apple admitted to a "very small" number of iPhone 6s and 6s Plus units having problems with similar shutdowns as it launched a limited battery replacement program. The company later acknowledged that other iPhone models were impacted as well, and the Harvey lawsuit accuses Apple of making "deliberately misleading" statements, using the slowdown mechanism in iOS to avoid replacing batteries for all affected iPhones, rather than just 6s models.

Throttling "allowed Apple to conceal the true nature and scope of the battery defect and to avoid expending time, money, and effort on correcting it," according to the court filing, with the "added benefit" that people dealing with slower iPhones would be prompted to upgrade.

The lawsuit asks that Apple notify iPhone owners about the modifications it made to iOS, fix the software to restore performance, reimburse people who bought defective iPhones and/or tried to repair or replace them, and supply new batteries to people who still have poorly-performing hardware.

Apple has been hit by a small barrage of lawsuits following a Wednesday statement in which claimed that a 2016 iOS update for the iPhone 6, 6s, and SE was intended to "smooth out the instantaneous peaks" and prevent phones with cold or degraded batteries from suddenly shutting down.

"We've now extended that feature to iPhone 7 with iOS 11.2, and plan to add support for other products in the future," it added.
Avieshek
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Comments

  • Reply 1 of 130
    wood1208wood1208 Posts: 1,554member
    Apple can prove that it wasn't defect but keep older iphone running smooth with degrading battery due to age/usage and newer bigger IOS installed on older phones..
    magman1979curtis hannah
  • Reply 2 of 130
    They’re getting closer to getting the lawsuit to stick...

    But the most perplexing thing is Apple doesn’t see to realize they’ve done anything wrong.

    Lawyering-up isn’t going to solve their PR problem.

    I think the lawsuits could win under the Lemon Law (implied warranties).

    There are two types of warranties for product purchases, express warranties and implied warranties. Express warranties make specific promises about product repair, and are usually made in writing. An express warranty may be provided by the manufacturers in owner's manuals and other written sales or marketing materials. Implied warranties arise from a manufacturer's duty to meet certain minimum standards of quality whereby the product is fit for use for the purpose intended. An implied warranty arises from the sale itself, and need not be in writing. In each type the manufacturer assumes the liability and responsibility to correct the defect and, in the event that they cannot meet that duty, may be required to repurchase or replace the product.

    viclauyycrepressthisdysamoriacroprairnerdairnerdjony0
  • Reply 3 of 130
    BebeBebe Posts: 107member
    This is going to be messy on Apple.
    Avieshek
  • Reply 4 of 130
    Wait so this guy was so pissed about performance of his previous iPhone he was then forced to buy what seems an iPhone X? While I don’t want to assume that every single person in these lawsuits against tech companies like Apple are douches since I don’t know all the facts 90% of the time they read like real douches. 
    cornchipbaconstangAvieshekviclauyycmagman1979watto_cobraflashfan207jony0
  • Reply 5 of 130
    My iPhone 6+ had this sudden shutdown issue. I don’t know if my experience was unique. My shutdown issue appeared to have been caused by me charging my 6+ With my iPad charger. I had starting using the iPad charger after reading it would charge the phone faster. Once I ceased that practice and used the supplied charger; no more phone shutting off with the battery indicator showing anywhere from 30-40% battery life remaining. 
    zompdysamoriajony0
  • Reply 6 of 130
    tzeshantzeshan Posts: 1,749member
    Cell phone batteries are not long lasting have been well known since the Nokia days. The industry designed cell phone with replaceable battery.  Apple whether it is ignorant refuses to follow the industry and make iPhone battery closed since the first iPhone. This slowdown is Apple's idea to tackle the problem. Apple reputation may suffer a lot because of this scandal. Until its engineers can come up with a better solution. 
    dysamoriacroprairnerd
  • Reply 7 of 130
    Making this change to prevent shut downs makes sense. NOT telling customers about it is unforgivable. This is going to cost Apple in reputation, legal fees and settlements.
    anantksundarammuthuk_vanalingamrepressthisdysamoriaflashfan207airnerd
  • Reply 8 of 130
    Monkey see monkey do.
  • Reply 9 of 130
    This is the one with legs.  Though the iPhone 6/6+ aren’t new, some recently purchased phones saw the slowdowns while the battery still tested “good” at the Apple store (based on comments on the subject here over the last couple of days).   A judge will decide based on the preponderance of evidence, which is:

    - a previously admitted battery flaw and replacement program
    - a previous admission that the shutdown problem grew to affect other models
    - a newly admitted slowdown algorithm that kicks in before the Genius Bar says the battery is eligible for replacement 
    - performance results that are half of the phone’s performance when new

    In this context it will be very difficult for Apple to claim their motivation was user experience, since it sucks anyway at half-speed. 



    anantksundarammuthuk_vanalingamrepressthisdysamoria
  • Reply 10 of 130
    I’m all in for this suit - according to Apple there was nothing wrong with my phone and if I wanted to replace the battery it would cost X.  All it does is shit down spontaneously. When I go to restart it says it’s a dead battery - the second the charger is attached, the battery is back at 75%
    dysamoriaairnerd
  • Reply 11 of 130
    These lawsuits are total BS and AppleInsider should stop giving them such prominence. Especially with comments from people who think Apple should be producing a flip phone with a pop-out battery.

    Users are unlikely to notice slowdowns - but artificial benchmarks will show issues and only with phones will degraded batteries. I would MUCH rather my phone slowed down bit than suddenly "quit". 
    baconstangmwhitepeterhartbshankmagman1979watto_cobraflashfan207welshdog
  • Reply 12 of 130
    dewmedewme Posts: 1,681member
    I wonder if anyone who has filed a class action lawsuit has bothered to read Apple’s iOS End User License Agreement (EULA) that they agreed to when they installed iOS on their iPhone? Unless a jurisdiction specifically prohibits wear compensation or aging compensation design accommodations by product vendors these lawsuits are going nowhere. 
    pscooter63peterhartbshankmagman1979watto_cobraflashfan207
  • Reply 13 of 130
    zomp said:
    I’m all in for this suit - according to Apple there was nothing wrong with my phone and if I wanted to replace the battery it would cost X.  All it does is shit down spontaneously. When I go to restart it says it’s a dead battery - the second the charger is attached, the battery is back at 75%
    There's a difference between having battery life and having peak power. If you connected enough AA batteries together you'd have the same capacity as your car battery. It still wouldn't have enough peak power to actually start your car though.
    watto_cobra
  • Reply 14 of 130
    irnchrizirnchriz Posts: 1,564member
    Did any party to the lawsuit take their phones to Apple to be checked? That is the question that needs to be asked.  If they did and Apple informed them that their was no faults whatsoever then they would have a case.
    watto_cobra
  • Reply 15 of 130
    r2d2r2d2 Posts: 95member
    loopless said:
    These lawsuits are total BS and AppleInsider should stop giving them such prominence. Especially with comments from people who think Apple should be producing a flip phone with a pop-out battery.

    Users are unlikely to notice slowdowns - but artificial benchmarks will show issues and only with phones will degraded batteries. I would MUCH rather my phone slowed down bit than suddenly "quit". 
    The slow-down is very noticeable. To the point of frustration. If you have no knowledge of this subject maybe you shouldn't post comments.
    anantksundarammuthuk_vanalingampentaerepressthis
  • Reply 16 of 130
    r2d2r2d2 Posts: 95member
    irnchriz said:
    Did any party to the lawsuit take their phones to Apple to be checked? That is the question that needs to be asked.  If they did and Apple informed them that their was no faults whatsoever then they would have a case.
    The answer is yes.
    anantksundarammuthuk_vanalingamrepressthis
  • Reply 17 of 130
    Frivolous. 

    All batteries decline with age. 

    Phones are most critical. 

    A slight performance decrease in order to keep an old battery going is s good thing (though I'd argue the user needs a choice). 

    No no one is replacing your declining battery because it's old. That's ridiculous. Apple was keeping your battery running longer. That's it. 

    Nothing to see here other than Apple should have given the user the ability to prioritize what they want - longevity or performance from the start. 






    pscooter63StrangeDayswatto_cobraflashfan207
  • Reply 18 of 130
    Really? I don't buy this story. Apple worrying about life of your battery. Yeah, right. Apple is trying to force you to buy to a new iPhone, each time it releases new one. I's called planned obsolescence. Fortunately for Apple, whole bunch of fanboys will spend over thousand dollars each year for a new iPhone. I've used Apple products for more years than most of you in this forum, but I don't like what I see, last couple years.
    edited December 2017 mike54avon b7
  • Reply 19 of 130
    On my Mac laptop, I can go to the System Profiler and check battery health, number of cycles etc.  It would be nice to include that in iOS.
    edited December 2017 watto_cobra
  • Reply 20 of 130
    k2kwk2kw Posts: 1,347member
    nethan9 said:
    I don't buy this story. Apple is trying to force you to buy to a new iPhone, each time it releases new one. I's called planned obsolescence.
    Maybe it was purposeful unplanned obsolescence.    Either Way looks real bad.   I expect there to be an FEATURE/EDITORIAL this weekend from DED saying what apple did was the absolute best thing and of course better than android especially Samsung.
    r2d2muthuk_vanalingammazda 3sairnerd
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