Apple has failed to get a putative class action claiming iPhone 4 users were duped into downloading a software update that made their devices buggy and unusable dismissed. A New York federal judge on Wednesday found that consumers adequately alleged the iOS 9 operating system was misrepresented, reports Law360.
In December 2015, a class action lawsuit was filed in the U.S. District Court, Eastern Division of New York, claiming Apple engaged in planned obsolescence and knew of potential compatibility issues iPhone 4s owners upgraded to iOS 9. “The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone,” the lawsuit reads. “Apple explicitly represented to the public that iOS 9 is compatible with and supports the iPhone 4S. And Apple failed to warn iPhone 4S owners that the update may or will significantly interfere with the device’s performance.”
Those filing the class action lawsuit want: the “maximum amount” of award or damages the law allows (at least $5 million), an order enjoining Apple’s unlawful practices and corrected advertisements about iOS 9, and, of course, an award of attorney’s fees.
