iPhone slowdown class action lawyers make 'inherently dangerous' demand for Apple to keep ...

Posted:
in iPhone
Lawyers working on one of a number of class-action lawsuit proposals over the iPhone battery slowdown issue want Apple to retain the old batteries it swaps out in its battery replacement program, along with a request to hand over any diagnostic data Apple produces relating to the batteries.




Law firm DiCello Levitt & Casey filed a motion for a preliminary injunction at the Northern District Court of California on Tuesday, to force Apple into holding onto the old batteries, reports USA Today. While normally Apple would recycle and dispose of old components where possible, the filing demands Apple stops its usual procedures in order to preserve potential evidence against the company in the class action suits.

The batteries in question are removed and replaced with a new power source as part of Apple's discounted $29 replacement program, following Apple's confirmation that it purposefully slows down older iPhones with older batteries. While previously Apple required a battery diagnostic test before confirming a need to replace the battery, Apple is reportedly providing the replacements to anyone willing to pay the fee.

Tuesday's motion by lawyer Adam Levitt on behalf of the law firm was made because Apple needs to "maintain and preserve any data it collects through diagnostic testing in order to protect the claims of all affected consumers." The data has a "critical importance" to the lawsuit, Levitt claims, with the filing made due to the firm's need for more data to further prosecute the case.

"Apple has a policy of getting rid of batteries it pulls out of phones, and we want the diagnostics," Levitt told the report, adding that he is not seeking to prevent Apple from replacing batteries. "We want to make sure everything is preserved."

A source within Apple's corporate structure not authorized to speak on behalf of the company told AppleInsider that retaining the old batteries after replacement was "ridiculous" and "inherently dangerous" given the flammable nature of the electrolyte. The source also confirmed Apple retains all diagnostic reports relating to the batteries.

The revelation prompted many law firms to launch class action suits against Apple over the matter, with claims that Apple did not gain consent from its users to slow down their devices, as well as the potential harm to the iPhone's value. The controversy has also led to the French government opening up an investigation into allegations of planned obsolescence, as well as a related probe from the Korea Communications Commission.
«1

Comments

  • Reply 1 of 40
    airnerdairnerd Posts: 513member
    I think the request is silly, but because the lawsuit is silly, but also silly is the idea that something they charged their customers to remove from a phone is too dangerous to not destroy.  If it is THAT dangerous then they should be offering to remove them for free to protect their customers.  :wink: 
    SpamSandwich
  • Reply 2 of 40
    waltgwaltg Posts: 73member
    This whole thing is just rediculous and "who" is paying for all these lawyers wanting to sue apple??? Thinking they are going to get rich in this venture!!!
    jbdragonbaconstangmagman1979watto_cobra
  • Reply 3 of 40
    Why people needed to spend years in law school to become a lawyer? Any local thug can do the job with law jargon.  

    And Apple should sent these batteries to the stupid law firm and let them do the diagnostic. See how will they like it.

    If you are a lawyer, no offence.
    baconstangchabigstevenozmagman1979JWSCwatto_cobra
  • Reply 4 of 40
    airnerd said:
    I think the request is silly, but because the lawsuit is silly, but also silly is the idea that something they charged their customers to remove from a phone is too dangerous to not destroy.  If it is THAT dangerous then they should be offering to remove them for free to protect their customers.  :wink: 
    I don't think a single battery is that dangerous, but having a stockpile of a million or more used batteries in a warehouse somewhere would be a ticking time bomb unless Apple stored them individually in fireproof boxes like Samsung used when returning the exploding Note 7.  There is no way to guarantee every battery is OEM or than every one is completely undamaged, and a fire from one would quickly get out of control.

    This is a ridiculous request.  Saving the diagnostic data is reasonable, but requiring every individual battery to be retained sounds like just another way for the lawyers to force Apple into a settlement rather than incur the storage expenses.
    ClarityToSeeairnerdjbdragonSpamSandwichgeordiekorperchiabaconstangstevenozrandominternetpersonmagman1979
  • Reply 5 of 40
    larryalarrya Posts: 489member
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    airnerdSpamSandwichmuthuk_vanalingamaylkmaxit
  • Reply 6 of 40
    airnerdairnerd Posts: 513member
    larrya said:
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    How would the physical battery prove the throttling of a good battery?  Wouldn't they need to associate the battery with diagnostics of the phone (which I thought they aren't testing anymore and just replacing).  If you need that diagnostic data, why risk storing the batteries?
    jbdragonmwhitebaconstangstevenozrandominternetpersonmagman1979bb-15command_fStrangeDaysJWSC
  • Reply 7 of 40
    jcs2305jcs2305 Posts: 389member
    larrya said:
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    To make it each stores individual responsibility to store used batteries is ridiculous. It’s not as bough Apple is doing all of horse replacements in one centralized location..
    I am sorry as well but I have to disagree with you.

    A few hundred batteries ok, 1000’s of batteries or more, no matter what the reason is that the customer is getting the battery replaced is just a thirsty lawyer looking to back up this BS narrative of planned obsolescence. 

    Not every person that is getting their battery replaced is doing so because of a throttling issue. 
    mwhitechiabb-15watto_cobra
  • Reply 8 of 40
    mwhitemwhite Posts: 136member
    jcs2305 said:
    larrya said:
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    To make it each stores individual responsibility to store used batteries is ridiculous. It’s not as bough Apple is doing all of horse replacements in one centralized location..
    I am sorry as well but I have to disagree with you.

    A few hundred batteries ok, 1000’s of batteries or more, no matter what the reason is that the customer is getting the battery replaced is just a thirsty lawyer looking to back up this BS narrative of planned obsolescence. 

    Not every person that is getting their battery replaced is doing so because of a throttling issue. 
    I agree with you I would have my 7 battery replaced for $29 if I lived close enough to an Apple store and I have no problems with my battery...
    watto_cobra
  • Reply 9 of 40
    larrya said:
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    You don't need batteries to prove that the device was throttled down. You just need to test for performance, assuming that throttling is constant and happens after the update, no?
  • Reply 10 of 40
    Such as asinine request should be summarily dismissed by the court... but seeing as these lawsuits are adjudicated in nutball California, anything’s possible.
    mwhitemagman1979
  • Reply 11 of 40
    Are the batteries dangerous once they have been drained? It is the energy they store while charged that should make them dangerous. Once they are discharged and the stored energy depleted I would think that they are safe unless the case is damaged.
    muthuk_vanalingamaylk
  • Reply 12 of 40
    The lawyers should do their own research and have prospective clients send the phones to them and let the lawyers remove and analyze the results.
    edited January 17 aylk
  • Reply 13 of 40
    larrya said:
    Sorry, guys, I have to disagree. These batteries are evidence that could show Apple was throttling devices with objectivity good batteries. Maybe the diagnostic data could show the same thing, maybe it would be insufficient. 
    They should send every one of them to the plaintiffs to store and do whatever the hell
    they want with them. Aging unmanaged batteries are dangerous. Even new poorly managed batteries can be as we learned from Samsung. 

    randominternetpersonmagman1979bb-15
  • Reply 14 of 40
    linkmanlinkman Posts: 781member
    viclauyyc said:
    Why people needed to spend years in law school to become a lawyer? Any local thug can do the job with law jargon.  

    And Apple should sent these batteries to the stupid law firm and let them do the diagnostic. See how will they like it.

    If you are a lawyer, no offence.
    Put the batteries into a big dump truck, smash down the front wall of their office with it, then dump the batteries right there. The lawyers can keep the batteries and use them to help keep their office warm in the midst of a cold winter.
  • Reply 15 of 40
    zebrazebra Posts: 33member
    This request is designed to ramp up costs for Apple to increase the speed and size off the settlement. Typical action of lawyers who demand big bucks for being scoundrels. This litigious environment can’t be helpful to our society. Such actions by lawyers act as leeches on America. 
    watto_cobra
  • Reply 16 of 40
    icoco3icoco3 Posts: 1,425member
    Give me the 1980's when those that had tech also understood the tech.
    lowededwookiewatto_cobra
  • Reply 17 of 40
    Are the batteries dangerous once they have been drained? It is the energy they store while charged that should make them dangerous. Once they are discharged and the stored energy depleted I would think that they are safe unless the case is damaged.
    I assume that lithium-ion batteries are highly flammable even when discharged.  A warehouse of these not-new batteries would be a catastrophe waiting to happen.
    watto_cobra
  • Reply 18 of 40
    Mike WuertheleMike Wuerthele Posts: 2,672administrator
    Are the batteries dangerous once they have been drained? It is the energy they store while charged that should make them dangerous. Once they are discharged and the stored energy depleted I would think that they are safe unless the case is damaged.
    The energy makes them dangerous. The flammable electrolyte makes them dangerous even when depleted.

    Damaged batteries make it worse.
    watto_cobra
  • Reply 19 of 40
    In other words, this law firm is admitting that it doesn't really have a case due to lack of evidence.
    watto_cobra
  • Reply 20 of 40
    lkrupplkrupp Posts: 5,989member
    This is all about trying to convince a jury that Apple did this not to protect their customers but out of intentional “planned obsolescence” to encourage buying a new iPhone. To do this they need some kind of smoking gun, something they can spin, something to hoodwink undereducated and misinformed jury members.
    watto_cobra
Sign In or Register to comment.