Apple is now engaged in its fifth lawsuit over iPhone’s battery problems

Published on December 26, 2017

Apple has reportedly been hit with a fifth class action lawsuit by an individual named Nicole Gallman in the Northern District Court of California over slowing battery issue of iPhone devices.

According to a report by Patently Apple, the complaint reads, “Plaintiff and Class Members are Apple iPhone users. May Class Members are not new to the iPhone franchise, but are loyal followers of Apple, having purchased various iterations of the mobile device. Because Apple failed to inform consumers that the performance issues were artificially caused by the IOS update in conjunction with an older (but still perfectly functional) battery, consumers were denied the opportunity to make an informed decision regarding whether to upgrade their device or instead merely replace the battery.

Apple’s failure to disclose the impact of the iOS update 10.2.1 (and the later iOS 11.1) and remedy the issues it produced (and purported to resolve) constitutes an unfair trade practice and breach of the covenant of good faith and fair dealing implied in Apple’s contracts with Plaintiff and the class.”

The Plaintiff further went on to read, “This is a consumer protection action seeking injunctive relief and damages arising from Defendant’s unlawful failure to inform consumers that updating their iPhone 6, 6S, SE or 7 (the “Legacy Devices”) to iOS 10.2.1 (and/or later to iOS 11.2) would dramatically and artificially reduce the performance of the Legacy Devices.”

Apple has also been accused of not informing its consumers that the iPhone device’s performance would be restored by as much as seventy percent if the affected individuals replaced the smartphone’s lithium-ion batteries. The replacement of iPhone’s battery at an Apple store would have cost somewhere around $100. However, if the individual goes on to purchase the new iPhone X, it would end up costing $1,000.

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