Miami Attorneys Sue Apple for 'Throttling' iPhone Performance
The class action filed Thursday in the Southern District of Florida is one of several lawsuits against the company over the iOS 11 update.
December 28, 2017 at 05:52 PM
2 minute read
Miami firm Podhurst Orseck is joining the crowd of lawyers suing Apple for introducing a software update that slowed down older iPhones.
The firm filed a class action lawsuit Thursday in Miami federal court, piling on litigation filed earlier this week in California and Illinois. The lawsuits came after Apple told TechCrunch last week the iOS 11 update keeps lithium-ion batteries from shutting down when they hit peaks of processor power.
The feature was rolled out last year to owners of the iPhone 6, iPhone 6s and iPhone SE, and more recently for the iPhone 7, according to the statement provided to TechCrunch.
“As a result of the deleterious effect of the iOS 11 'upgrade,' many such owners, like plaintiff [Yael Aburos], junked their existing iPhone and purchased newly available iPhone 8 or X series devices in order to have a reliable mobile device,” alleges the Miami lawsuit filed by Podhurst Orseck attorneys Stephen Rosenthal and Matthew Weinshall and solo appellate lawyer Richard Rosenthal, who has offices in Miami and San Francisco.
Apple did not immediately respond to a request for comment.
The lawsuit alleges the company knew it was rolling out a “concealed battery-life killer,” but didn't disclose the issue to consumers until last week. The claims include violation of the Florida Deceptive and Unfair Trade Practices Act, unjust enrichment, breach of contract and violations of California law.
The case was not yet assigned to a judge as of Thursday evening. The related lawsuits across the country are likely to be consolidated as multidistrict litigation. Podhurst Orseck has experience as MDL class counsel, including leading the plaintiffs steering committee for the Takata air bag case.
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