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Apple Facing Class Action Lawsuit over iOS 9 Software Update

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Santa Clara, CA: Apple Inc, is facing a potential consumer fraud class action lawsuit over allegations that its latest phone update caused performance issues in certain phones.

Filed by iPhone 4S owner Chaim Lerman, individually and for all others similarly situated, the lawsuit asserts that when he updated his phone' software with the newest versoin of iOS 9, it slowed down the performance of his phone significantly, and interfered with normal usage of the phone.

Lerman also claims that while Apple had represented that iOS is compatible with and supports the iPhone 4S, in fact the tech giant failed to warn 4S owners that the update may significantly interfere with the performance of the device.

The suit is seeking class certification, damages, an order enjoining Apple's unlawful practices and requiring corrective advertisements and disclaimers. Plaintiffs are represented by attorneys Peretz Bronstein and Shimon Yiftach of Bronstein Gewirtz & Grossman in New York City. The case is US District Court for the Eastern District of New York Case number 1:15-CV-07381-SJ-LB.

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Reader Comments

Posted by

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Phone went. Black never came on again lost a lot of personal info

Posted by

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My husband has had to turn his phone off then back on to get my text messages, the battery goes from 50% to 0 without warning, his phone will just turn off, the screen freezes... The list goes on! He's been happy w/iPhone 4s for many years! Now...not so much! Missing a text from me could be a bad thing because of my health issues. He's worried enough that he's talking about getting a new phone which we really can't afford!

Posted by

on
my phone just shuts off and screen goes black. It slowed way down and takes forever to load. I am to the point I am going to have to get a new phone.

Posted by

on
Purchased the IPhone garbage phone , it was a piece of garbage. the screen went blank, lost stored information that was very very important to me. I'm trying to get a refund. I switch totally to MetroPCS.

Posted by

on
I uploaded this stupid update and lost all my data in addition to it, my phone got frozen and shut down.Went to repair and the cost was too high, ended up buying new phone

Posted by

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My phone would just suddenly go black, shut its self off and would be slow to reboot. So I got another iphone because I thought it was something wrong with the one I had.

Posted by

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I did the upgrade because it wouldn't stop asking. And it messed up my Iphone 6. The phone shut down and we were not able to recover the phone. We had to buy a new iPhone because of the upgrade.

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My eldest daughter did the upload on her apple iPhone 5am. It began doing the strangest things all of a sudden like shutting down for no reason etc. I could get more details and specifics from her. So we ended up having to buy a new iPhone 6s thinking her phone was damaged.

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