French fine Apple $27 million for battery patch that could slow down old iPhones

Posted:
in General Discussion edited February 2020
Apple has been fined by the French government for its 2017 patch that could slow down iPhone 6, iPhone 7 and iPhone SE units that had a depleted battery, and for not informing users that it was doing so.

Apple's original 2015 promotion for the iPhone 6
Apple's original 2015 promotion for the iPhone 6, one of the models later affected by the slowdown


Apple's intentional slowing down of certain older iPhone models in 2017 have now led to a fine of 25 million Euros ($27 million) by France's Directorate General for Competition, Consumption and the Suppression of Fraud (DGCCRF). Apple, which is not contesting the fine, must also display a press release on its website for one month.

"Seized on January 5, 2018 by the Paris Prosecutor's Office to investigate the complaint of an association against Apple, the DGCCRF has indeed shown that iPhone owners had not been informed that the updates of the iOS operating system (10.2.1 and 11.2) they installed were likely to slow down the operation of their device," says the organization says in a press release.

"These updates, released during 2017," it continues, "included a dynamic power management device which, under certain conditions and especially when the batteries were old, could slow down the functioning of the iPhone 6, SE and 7 models. Unable to revert to the previous version of the operating system, many consumers would have been forced to change their batteries or even buy a new phone."

The DGCCRF reports that it filed its findings with the Paris Public Prosecutor's office in 2019. Its conclusion is that the lack of information to consumers "constituted a misleading commercial practice by omission."

As batteries age, they are less able to maintain peak voltage. Apple maintains that throttling the speed of the older phones -- cutting back on the voltage that they needed to keep operating -- in fact kept them working longer.

"Our goal is to deliver the best experience for customers, which includes overall performance and prolonging the life of their devices," said Apple in 2017. "Lithium-ion batteries become less capable of supplying peak current demands when in cold conditions, have a low battery charge or as they age over time, which can result in the device unexpectedly shutting down to protect its electronic components."

Accordingly, iOS 10.2.1 included this feature and said in the update screen that there was a new battery routine. However, Apple did not explicitly inform users of the potential for a slowdown instead of just a device crash, or respring, when under load. This led to dozens of lawsuits over the issue, and eventually an apology from Apple.

As well as the apology, Apple reduced the cost of having an iPhone battery replaced, making it $29 for the whole of 2018. That's down from the previous $79 and current battery replacement price of $69.

That cost reduction led to more users than usual taking up the offer instead of buying new iPhones. That then contributed to Apple's having to revise down its revenue forecasts for the year.

The French ruling follows a similar one made by Italy in 2019. The verdict in France is a bit less than one euro per suitable generation iPhone sold in the country.
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Comments

  • Reply 1 of 47
    All Europe sees is NEW money for them to spend coming from tech companies. These fines should be passed on to users in those countries since they are a tax.
    williamlondonSpamSandwichrazorpitteejay2012argonautjony0watto_cobra
  • Reply 2 of 47
    Bad Apple, how dare you attempt to mitigate the physical limitations of chemical batteries. You should have just let the devices continue to shut down.

    Oh and you should announce every single change you make to the OS that has any kind of impact on anything, since someone out there might find it important.

    Oh, and when you do confirm that you made those changes - we're going to fine you.

    Metriacanthosaurusrazorpitrandominternetpersonargonautbaconstangjony0indyfxentropyswatto_cobra
  • Reply 3 of 47
    larryalarrya Posts: 606member
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    ajlcrowleyavon b7williamlondonfotoformatatomic101chemengin1seanismorrisAI_liasargonaut
  • Reply 4 of 47
    crowleycrowley Posts: 10,453member
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    QFT
  • Reply 5 of 47
    bageljoeybageljoey Posts: 2,004member
    crowley said:
    QFT
    Quantum Field Theory?
    MplsPSoliSpamSandwichargonautbaconstangwatto_cobra
  • Reply 6 of 47
    lkrupplkrupp Posts: 10,557member
    I would have liked to have been a fly on the wall when the decision was made to make the patch without telling anyone. Why? Or perhaps engineering made the decision without upper management’s knowledge (doubtful). One of the problems apparently was the field technicians were not aware of the patch. I seriously doubt they were told to outright lie to the customers. They just didn’t know what was going on.

    Now that the battery health indicator software is active people have started to obsess over it. There are many posts on the Apple discussion forums from people who are concerned their battery health is “down” to 98% after six months. Too much knowledge can cause problems also.
    ajlrandominternetpersonwatto_cobra
  • Reply 7 of 47
    lkrupplkrupp Posts: 10,557member
  • Reply 8 of 47
    seanjseanj Posts: 318member
    A good engineering solution to battery life degradation but clumsily handled - ie not keeping in-store staff or users in the loop.
    Solirandominternetpersonargonautwatto_cobra
  • Reply 9 of 47
    fred1fred1 Posts: 1,112member
    rhbellmor said:
    All Europe sees is NEW money for them to spend coming from tech companies. These fines should be passed on to users in those countries since they are a tax.
    I knew as soon as I read the headline elsewhere that this would lead to comments on AI with Europe bashing or France bashing. So you want a slower device without being told why that happened? OK, I get it: in your mind Apple can do no wrong. 
    And what the heck does “users in those countries are a tax” mean?
    avon b7ajlfotoformatmontrosemacsargonautprismaticsmuthuk_vanalingam
  • Reply 10 of 47
    MplsPMplsP Posts: 3,929member
    Bad Apple, how dare you attempt to mitigate the physical limitations of chemical batteries. You should have just let the devices continue to shut down.

    Oh and you should announce every single change you make to the OS that has any kind of impact on anything, since someone out there might find it important.

    Oh, and when you do confirm that you made those changes - we're going to fine you.

    Seriously? Crippling the performance of the device without telling the user is ok?

    I’ve said this before - if apple had simply stated up front what they were doing it would have avoided all this. By not being forthright, they opens themselves up to speculation (and lawsuits.) Were they really doing it to ‘improve the user experience’ and prevent unexpected shutdowns? Or was that just a excuse they came up with after the fact and they were trying to drive people to new devices? Or maybe a bit of both. Personally I believe the former, but what people believe is dependent on their view of Apple and can be argued either way. 
    chemengin1muthuk_vanalingam
  • Reply 11 of 47
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    Actually you're pathetic: Apple didn't cut performance by 50% and CPU throttling has always been a device management strategy in the iPhone.

    1. iPhones already throttled peak performance prior to these patches. E.g. For temperature extremes and preserving battery life.
    2. The changes in iOS 10.2 and 11.2 extended the CPU throttling features to untenable battery scenarios - i.e. situations which would normally turn off the device. Apple acknowledged that unexpected shutdowns were being addressed at the time.
    3. The most common worst case scenario resulted in a geek bench score of 2,500 being reduced to 1,500 during a peak load. The device operated at "normal" speeds during other times when the battery was able to supply sufficient power, or not under a stressful load.

    Apple cut performance by more than 50%
    Not only was peak load not reduced by 50%, but normal device usage was unaffected. Your comment lends to the idea that the phone was suddenly half as fast as before the update - there is no foundation for that.

    ...and didn't bother telling anyone
    It was literally in Apple's statements about the update: "With iOS 10.2.1, Apple made improvements to reduce occurrences of unexpected shutdowns that a small number of users were experiencing with their iPhone."

    Of all the devices tested in Geek bench 4 under iOS 10.2.1, the overwhelming majority had no change in performance and the average decrease in peak performance due to the new changes was ~10 - 15% 

    So yeah your post is total sensationalist crap, and I think that's pathetic.


    dewmemac_dogWgkruegerMacProtycho_macuserSoliroundaboutnowGG1randominternetpersonmontrosemacs
  • Reply 12 of 47
    YP101YP101 Posts: 160member
    I wonder why people wants to hold iPhone more than 3 years.
    I paid 6S+ 128GB close to $1,000 and hold for 3 years to replace XR 256GB for less than 32GB model price. Thanks to Apple's trade in program.. They gave me $300.
    Technology change so fast these days, There is not much reason to hold old phone.
    watto_cobra
  • Reply 13 of 47
    bageljoey said:
    crowley said:
    QFT
    Quantum Field Theory?
    Quantum Fourier Transform?
    watto_cobra
  • Reply 14 of 47
    MacProMacPro Posts: 19,727member
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    Actually you're pathetic: Apple didn't cut performance by 50% and CPU throttling has always been a device management strategy in the iPhone.

    1. iPhones already throttled peak performance prior to these patches. E.g. For temperature extremes and preserving battery life.
    2. The changes in iOS 10.2 and 11.2 extended the CPU throttling features to untenable battery scenarios - i.e. situations which would normally turn off the device. Apple acknowledged that unexpected shutdowns were being addressed at the time.
    3. The most common worst case scenario resulted in a geek bench score of 2,500 being reduced to 1,500 during a peak load. The device operated at "normal" speeds during other times when the battery was able to supply sufficient power, or not under a stressful load.

    Apple cut performance by more than 50%
    Not only was peak load not reduced by 50%, but normal device usage was unaffected. Your comment lends to the idea that the phone was suddenly half as fast as before the update - there is no foundation for that.

    ...and didn't bother telling anyone
    It was literally in Apple's statements about the update: "With iOS 10.2.1, Apple made improvements to reduce occurrences of unexpected shutdowns that a small number of users were experiencing with their iPhone."

    Of all the devices tested in Geek bench 4 under iOS 10.2.1, the overwhelming majority had no change in performance and the average decrease in peak performance due to the new changes was ~10 - 15% 

    So yeah your post is total sensationalist crap, and I think that's pathetic.


    Excellent post
    roundaboutnowmontrosemacsjony0watto_cobra
  • Reply 15 of 47
    Rayz2016Rayz2016 Posts: 6,957member
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    Actually you're pathetic: Apple didn't cut performance by 50% and CPU throttling has always been a device management strategy in the iPhone.

    1. iPhones already throttled peak performance prior to these patches. E.g. For temperature extremes and preserving battery life.
    2. The changes in iOS 10.2 and 11.2 extended the CPU throttling features to untenable battery scenarios - i.e. situations which would normally turn off the device. Apple acknowledged that unexpected shutdowns were being addressed at the time.
    3. The most common worst case scenario resulted in a geek bench score of 2,500 being reduced to 1,500 during a peak load. The device operated at "normal" speeds during other times when the battery was able to supply sufficient power, or not under a stressful load.

    Apple cut performance by more than 50%
    Not only was peak load not reduced by 50%, but normal device usage was unaffected. Your comment lends to the idea that the phone was suddenly half as fast as before the update - there is no foundation for that.

    ...and didn't bother telling anyone
    It was literally in Apple's statements about the update: "With iOS 10.2.1, Apple made improvements to reduce occurrences of unexpected shutdowns that a small number of users were experiencing with their iPhone."

    Of all the devices tested in Geek bench 4 under iOS 10.2.1, the overwhelming majority had no change in performance and the average decrease in peak performance due to the new changes was ~10 - 15% 

    So yeah your post is total sensationalist crap, and I think that's pathetic.


    Boom! 
    roundaboutnowjony0watto_cobra
  • Reply 16 of 47
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    You're completely clueless, and wrong.

    And even if they had, that is the engineers prerogative, not yours, and you're not entitled to any specific performance at any time.

    The only thing Apple did wrong was letting idiot Tim Cook acknowledge it, and apologize for it, and attempt appeasement.
    SpamSandwichjony0watto_cobra
  • Reply 17 of 47
    jcs2305jcs2305 Posts: 1,337member
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.

    Besides not informing customers of the performance cut.. the bigger issue I have is with the Apple stores sending folks away.. I never had anyone at the Apple store try and persuade me to upgrade to fix the issue, but I also had AppleCare + so them not giving me a working device wasn't really an option.

    Way back with iPhone 5 I had my battery replaced under the then Apple battery replacement program. It exhibited behavior that Apple claims the throttling helps with.. It would shut off at 30% when you plug it in it showed 60% charged..  Sometimes the shut off would happen at 10% after quickly draining from 80%.. once plugged in it showed 40% charged.  With this behavior Apple replaced my battery because it fell within the range of the replacement program... Once the battery was replaced all of this behavior stopped. So it was a bad battery that was the culprit.

    Fast forward to the iPhone 6 I had the same behavior and had the battery replaced with AppleCare + becasue I was gifting the phone to my then high school aged brother. Once the battery was replaced the issue went away. iPhone was a little more than a year old at that point and still showed the ability to charge to 80% so the Apple store said the battery was ok.. I explianed to the tech about the behavior of the iPhone 5 previously and that the battery was replaced so I would like it replaced utilizing Applecare +.

    My GF's son also had the same problem with his iPhone 6 battery. ( percentages all over the place and random shutdowns )  We had the battery replaced with the same result, but unfortunately she didn't get the AC+ ( she bought it through AT&T ) so she paid full price. She later received a refund from Apple for $50.00 when they started the new battery program for $29.00.

    All of this makes me feel there were battery issues that Apple attempted to negate with software. I still buy and love Apple products but this throttling without knowledge and not admitting there was an issue until they had no other choice doesn't sit right with me.
    edited February 2020
  • Reply 18 of 47
    larrya said:
    You guys are pathetic.  Apple cut performance by more than 50% and didn't bother telling anyone, and yet in Apple stores customers were told their batteries were fine, even refusing to provide paid replacements, and were encouraged to purchase new phones.  This is fraud, and the prosecutor's conclusion is uncontested by Apple.  You can love their products, as I do, without wearing blinders.
    You're completely clueless, and wrong.

    And even if they had, that is the engineers prerogative, not yours, and you're not entitled to any specific performance at any time.

    The only thing Apple did wrong was letting idiot Tim Cook acknowledge it, and apologize for it, and attempt appeasement.
    I love it when someone uses logic and facts to state their position and all you have to come back with is “no, you’re clueless!” Good comeback, bro. 
    MplsPmuthuk_vanalingam
  • Reply 19 of 47
    jcs2305jcs2305 Posts: 1,337member
    bageljoey said:
    crowley said:
    QFT
    Quantum Field Theory?
    Quoted for Truth... B)

  • Reply 20 of 47
    sirozhasirozha Posts: 801member
    My iPhone 7 has a horrible battery life. I already had the battery replaced by Apple in late 2018, but the battery life is just awful. In fact, I think the replacement battery is even worse than the original one. I charge my phone 2-3 times per day. 

    So, I’ve decided to fine Apple too. I’m
    not France, so I figured $200,000 is fair. I sent them a notice yesterday. 
    edited February 2020
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