Technology iPhone throttling: Class actions pile up as Apple hit with 32nd lawsuit

03:00  12 january  2018
03:00  12 january  2018 Source:   zdnet.com

How to get Apple's $29 iPhone battery replacement

  How to get Apple's $29 iPhone battery replacement What you need to know, and what you need to do.Fortunately, there's a simple fix: Get a new battery. Previously, Apple charged $79 for such a swap, but effectively immediately, you can get a replacement battery from Apple for just $29. That's for any iPhone 6 or later. (A similar discount will be available outside the US -- for example, the replacement cost will be lowered to £25 in the UK and AU$39 in Australia -- and Apple says it will provide more details on its site soon.

More lawsuits land at Apple 's feet over its decision to slow down iPhones with older batteries.

US Government Questions Apple About Deliberate iPhone Slowdown, Gives Deadline For Response Tech Times. Slow iPhone Scandal: Senator Demands Answers From Apple CEO Tim Cook Newsweek.

Image: CNET © Image: CNET Image: CNET

Apple now faces a total of 32 class action lawsuits in the US for slowing down iPhones with older batteries without telling users.

Dozens of law firms in the US have filed suits seeking damages on behalf of iPhone owners, with potential suits brewing in France, Australia, Canada and South Korea.

As reported by Patently Apple, this week alone five US law firms filed separate iPhone slowdown class actions, including one from Hagens Berman, the firm behind the case that ended with Apple paying a $450m fine over eBook price fixing.

One of two suits filed on Wednesday in San Jose cites six causes of action, including fraudulent conduct, unfair conduct, trespass to chattels, breach of implied duty, and breach of covenant of good faith and fair dealing.

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  How to Get Your iPhone Battery Replaced <p>A week ago, after fielding complaints about its decision to intentionally slow some iPhone models with wornout batteries, Apple cut its battery replacement charge by $50. And consumers are now jumping on the $29 deal, snatching up appointments at Apple stores and authorized third-party retailers such as Best Buy.</p>A week ago, after fielding complaints about its decision to intentionally slow some iPhone models with wornout batteries, Apple cut its battery replacement charge by $50. And consumers are now jumping on the $29 deal, snatching up appointments at Apple stores and authorized third-party retailers such as Best Buy.

Apple now faces a total of 32 class action lawsuits in the US for slowing down iPhones with older batteries without telling users. Apple discounts battery replacements to make up for slowing down old iPhones (TechRepublic).

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Trespass to chattels, or physically meddling with someone else's property without permission, was expanded to include proximate interference with computer networks in lawsuits against spammers in the 1990s.

In the suit filed in San Jose this week, lawyers contend that Apple's software updates were a trespass of chattels since the updates interfered with iPhone owners' devices, which degraded their performance and utility.

"Apple intentionally pushed iOS updates, including but not limited to iOS 10 and 11 and their variants, despite knowing that the updates imposed performance demands that the phones' hardware could not meet, throttled the phones' performance, and otherwise negatively impacted the performance and utility of the phones," the lawyers argue.

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Home iPhone News Apple Hit With Lawsuits Over iPhone Speed- Throttling . A class - action lawsuit argues that Apple defrauded iPhone users with a software update which slowed some older phones’ performance.

iPhone throttling : Class actions pile up as Apple hit with 32 nd lawsuit . More lawsuits land at Apple 's feet over its decision to slow down iPhones with older batteries. January 11, 2018 by Liam Tung in Mobility.

"As a direct and proximate result of Apple's interference with their iPhones, plaintiffs and the class suffered injury, including that their iPhones suffered a permanent and long-term degradation in performance, utility, condition, quality, and value. As a result, plaintiffs and/or class members were required and induced to purchase new iPhones and/or new batteries to their detriment and Apple's benefit."

Several other lawsuits similarly argue that Apple's updates amounted to this trespass to chattels.

"Defendant Apple intentionally interfered with, and committed trespass to, plaintiff's and putative class members' property, ie, their iPhones, by installing performance-throttling software on their phones without their knowledge," Hagens Berman writes in its suit.

"To reiterate: because Apple did not inform them of, or seek their consent to installation of, performance-throttling software when presenting them with the iOS 10.2.1 or 11.2 updates, or both of them, plaintiff and the putative class members did not consent to Apple's interference."

Smoking iPhone battery forces Apple store evacuation

  Smoking iPhone battery forces Apple store evacuation A burning and smoking iPhone battery forced the evacuation of an Apple store in Zurich, Switzerland on Tuesday.Zurich police said 50 customers and staff were forced to leave the building in the city center on after the overheated battery started spewing smoke.

More lawsuits land at Apple 's feet over its decision to slow down iPhones with older batteries. Apple now faces a total of 32 class action lawsuits in the US for US Air Force temporarily grounds all B-1 bombers for safety reasons. Rural malls hit hard times, leaving shoppers adrift as more stores close.

" Apple apologizes for iPhone slowdowns and offers battery replacements". cnbc.com. ^ Tung, Liam. " iPhone throttling : Class actions pile up as Apple hit with 32 nd lawsuit - ZDNet". zdnet.com.

The Wall Street Journal this week reported that senator John Thune, chairman of the Senate Commerce Committee, has asked Apple how it decided to throttle iPhone performance, while a French prosecutor has reportedly launched a preliminary investigation over the issue.

Previous and related coverage

Is Apple really throttling your old iPhone? Benchmarking firm settles the question for good

Benchmarking firm Futuremark has released the results of 100,000 iPhone tests to settle the question of whether your iPhone really does get slower over time.

iPhone battery: Apple will replace yours for $29 even if it's in good health

Apple will replace your iPhone battery even if it passes the diagnostics threshold of 80 percent of its original capacity.

iPhone 7 throttling: Qualcomm says Apple gag stopped it revealing speed squeeze

Qualcomm has countersued Apple, arguing huge profits from the iPhone would have been impossible without its technology.

Oh Apple, you really need to rethink how you do things

Quietly inserting code into iOS that measurably slows down the performance of older iPhones is a monumentally boneheaded blunder.

This chat app only works when your phone battery is low .
We spend a lot of time trying to eke out a few more minutes from our smart phones.&nbsp;As Motherboard reports, the app was developed by Dries Depoorter and David Surprenant, Belgium-based app developers. "We wanted to do something positive with a low battery," he told the site. "And now we see people happy with a low battery having low battery conversations. We had so much fun creating this." The app has been in development since 2016, says Motherboard, and is now available (after some delays on the iOS side due to Apple's struggle with it's own battery issues) on both the App Store and Google Play.

Source: http://us.pressfrom.com/news/science-and-technology/-112245-iphone-throttling-class-actions-pile-up-as-apple-hit-with-32nd-lawsuit/

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