Apple sued in Portugal over iPhone 6, iPhone 6S 'designed obsolescence' battery patch

Posted:
in iPhone edited March 1
The Portuguese consumer group Deco Proteste has launched a lawsuit against Apple, alleging that "designed obsolescence" of the iPhone 6 and iPhone 6S forced consumers into an early upgrade.




Launched on Monday, the lawsuit accuses Apple of building planned obsolescence into its products. Specifically, it is taking aim at the iPhone 6, iPhone 6 Plus, iPhone 6S, and iPhone 6S Plus, and battery issues users suffered.

European legislation prohibits unfair, deceptive, and aggressive commercial practices like planned obsolescence. In the suit, Marketeer reports the lawsuit accuses Apple of violating the law due to the perceived planned shorter lifespan of the models.

The issue centers around battery issues that Apple endured for the models, and others. In 2017, Apple admitted it had added a feature to iOS to throttle performance, to minimize issues with worn batteries.

While Apple's change was intended to make the iPhones usable for a longer timespan, Deco Proteste suggests otherwise. It claims the throttling encouraged users to buy new iPhones.

The group also claims the supposed forced upgrades was bad for the environment, due to the premature disposal of devices.

Attempts have been made by the group and Euroconsumers to try and get a response from Apple over the matter for the last three years. With seemingly no usable reply, the group moved activity to court.

In terms of what Apple could pay out, the group believes compensation should be the cost of repairing the battery and 10% of the iPhone's purchase price. Based on an average of 60 euros ($72) and 115 thousand devices estimated to be at issue by the group, the total compensation could be around 7 million euro ($8.4 million).

The new lawsuit follows after January's similar class action launch by an Italian consumer group. That lawsuit also alleged Apple was using planed obsolescence, and sought damages in the region of 60 million euros (72 million).

Other complaints have also been made against Apple in Spain and Belgium by consumer group Euroconsumers, which worked with Deco Proteste on the complaint.

At the time, Apple said it has never done anything to intentionally shorten the lifespan of its products to drive consumers to buy new devices.

Previously, Apple has offered discount battery replacements ,as well as agreeing to settle other battery lawsuits in the United States.

Comments

  • Reply 1 of 14
    dewmedewme Posts: 3,399member
    Blood is in the water and now all the baby sharks are coming in to feed. Who's next, Monaco, Vatican City, Nauru, ... ? This is turning into an Apple funded economic stimulus package for anyone with enough initiative to hire a lawyer.
    viclauyycbaconstangwatto_cobrajony0
  • Reply 2 of 14
    mknelsonmknelson Posts: 663member
    Doesn't the remedy contradict their main argument?

    A battery replacement was always an option.
    teejay2012baconstangwatto_cobrajony0LPaisleyBeck
  • Reply 3 of 14
    MplsPMplsP Posts: 2,883member
    mknelson said:
    Doesn't the remedy contradict their main argument?

    A battery replacement was always an option.
    Yeah, that's my thought, too. Besides, the iPhone 6 came out 7 years ago - aren't we a bit late on this?
    JFC_PAwatto_cobraLPaisleyBeck
  • Reply 4 of 14
    mainyehcmainyehc Posts: 105member
    DECO (from Associação de DEfesa do COnsumidor, i.e. Consumers’ Defense Association), originally created as a sort of institutional ombudsman, publishes Proteste (from proTESTE, as in testing, it has nothing to do with protest), a mostly decent magazine equivalent to Consumer Reports, but eventually devolved into this sad peddler of junkware to their members.

    How can anyone take them seriously when they always pester people with offers of “great” products such as really janky Android tablets and useless plastic gadgets in exchange for attracting more members? Products that, mind you, would be completely destroyed under their own testing parameters? My mom used to be a subscriber, and the previous owners of my flat are at least members and never got around to update their address, so I always knew of and keep getting their stupid advertising in the mail. While their recent work regarding electrical bills is commendable, when it comes to consumer products they completely lost their way and should be ashamed of themselves.
    edited March 1 roundaboutnowbaconstangwatto_cobrajony0
  • Reply 5 of 14
    JFC_PAJFC_PA Posts: 541member
    You can’t rescind the laws of chemistry. Sad, really. 
    viclauyycwatto_cobra
  • Reply 6 of 14
    crossladcrosslad Posts: 515member
    At least with an iPhone, I know I can get the battery replaced easily. One of my android phones just died completely overnight. The phone is a Lenovo, I have no idea where I can get the battery replaced so it is going in the bin. 
    steve_jobsviclauyycwatto_cobraLPaisleyBeck
  • Reply 7 of 14
    I assume this group has a similar action underway against Samsung, claiming that the phone batteries that caught on fire were bad for the environment?
    baconstangwatto_cobra
  • Reply 8 of 14
    genovellegenovelle Posts: 1,087member
    mknelson said:
    Doesn't the remedy contradict their main argument?

    A battery replacement was always an option.
    Right! I’ve never understood this argument in this case. Not implementing the fix to extend the life of the device by protecting it from the natural spikes batteries discharge when they age would by normal logic be planned obsolescence. This is Lawyer cash it in logic. 
    baconstangsphericwatto_cobra
  • Reply 9 of 14
    viclauyycviclauyyc Posts: 627member
    These government and consumer organizations in EU is not very bright.  

    I don’t think any smart phone from any brand can last for 10 years. Most barely usable in 5 years, especially when it connected to internet. Are these guys still comparing smartphones with landline phones with rotary dial?
    watto_cobra
  • Reply 10 of 14
    Horse pucky. Just last month I had Apple replace my 6S battery. $49.  It works and it is paid for. Did not need phone replacement right now. Bought new iPad instead :smiley: 

    baconstangwatto_cobrajony0LPaisleyBeck
  • Reply 11 of 14
    PezaPeza Posts: 130member
    crosslad said:
    At least with an iPhone, I know I can get the battery replaced easily. One of my android phones just died completely overnight. The phone is a Lenovo, I have no idea where I can get the battery replaced so it is going in the bin. 
    Well if you mean you can pay Apple to replace it IF they deem it necessary, you cannot just ask them to replace it for you, they need to tear it on their diagnostics software for confirmation first, hence these on going cases that rightfully sue and fine Apple for when their software stated their was no battery problem when there was, thus many bought new iPhones for no reason.
    Plus if you have your battery replaced you will lose the water resistance the device had because the seal is then broken.
    muthuk_vanalingam
  • Reply 12 of 14
    lkrupplkrupp Posts: 8,880member
    mknelson said:
    Doesn't the remedy contradict their main argument?

    A battery replacement was always an option.
    Exactly. I had an iPhone 6 when this went down and its battery started getting wonky, would suddenly shut down. Did I go out and buy a new iPhone? No, I took it to my local Apple Store,  had it diagnosed, and the battery was replaced. Later, of course, after the shit hit the fan,  Apple refunded the charge I paid for the new battery. Never  did I feel Apple was trying to force me into buying a new iPhone.
    capnbobwatto_cobrajony0
  • Reply 13 of 14
    capnbobcapnbob Posts: 388member
    Peza said:
    crosslad said:
    At least with an iPhone, I know I can get the battery replaced easily. One of my android phones just died completely overnight. The phone is a Lenovo, I have no idea where I can get the battery replaced so it is going in the bin. 
    Well if you mean you can pay Apple to replace it IF they deem it necessary, you cannot just ask them to replace it for you, they need to tear it on their diagnostics software for confirmation first, hence these on going cases that rightfully sue and fine Apple for when their software stated their was no battery problem when there was, thus many bought new iPhones for no reason.
    Plus if you have your battery replaced you will lose the water resistance the device had because the seal is then broken.
    None of the affected devices (6/6s) had any waterproofing (only 7 onwards are WP) and I’ve had 10+ iPhone 6/6s/7 batteries replaced by Apple for family and friends on asking. Any Apple conducted battery replacement or repair maintains the waterproofing guarantee on those devices that have it.  Before iOS 11.3 offered Battery Health, there were free 3rd party apps that accurately showed health for anyone who wanted to know (before iOS 12 blocked them). Where is any evidence of Apple falsely stating that a failing battery was OK in order to fool a customer into buying a new iPhone? I’m all for consumer rights but this is paranoia and a money making scheme for penny ante lawyers.
    watto_cobra
  • Reply 14 of 14
    My friend who lives in Portugal just told me yesterday that I should forget using an iPhone in Portugal- the plans for them are too expensive and they don’t work well there. [shrug] Can anyone tell me their experience using an iPhone in Portugal? I really want to be all Mac. 
    edited April 8
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