Apple faces dozens of lawsuits over "throttling" of phone performance of older phones allegedly to push consumers to upgrade to newer models. PHOTO: Apple 6

Canadians join lawsuits against Apple

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A class action lawsuit was filed in Ontario Superior Court against Apple on Friday February 23.

The Ontario-based legal action joins over 40 other lawsuits against the high-tech giant.

It alleges that the company deliberately slowed the functioning of several models of iPhone in a process known as “throttling”  or slowing down the functioning of the phone’s operating system.

The claims allege the slowing of iPhone models, 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus, was to encourage owners to upgrade to newer products.

A woman uses an iPhone X during a presentation for the media in Beijing, China in 2017. In December that year, the firm acknowledged that the company does take some measures to reduce power demands — which can have the effect of slowing the processor — when a phone’s battery is having trouble supplying the peak current that the processor demands. PHOTO: Thomas Peter/Reuters

In a CNW press release, Joel Rochon, partner at Rochon Genova LLP, who represents members of the class-action said,  “By intentionally substantially slowing iPhones, Apple not only interfered with users’ personal property, but they did so while keeping consumers totally the dark. Being the dominant smartphone company in Canada and around the world, Apple should not only know better, but must be held accountable—especially where it is alleged they substantially slowed iPhones and then encouraged customers to spend money on upgraded products.”

The class-action lawsuit alleges Apple’s actions violated Canada’s Consumer Protection Act legislation.

A participant in the Ontario class-action, Cherif Saleh, said in the release that he downloaded the update but then noticed his phone becoming “painfully slow” adding, “”Apple support advised me to ‘go to the Apple Store’ to buy a new phone—this sort of deceitful behaviour from Apple is totally unacceptable.”

The claim alleges that iPhone software updates were provided under the pretense that the updates were necessary to deliver enhanced security and performance but in reality the suit alleges the updates allowed Apple to slow down the phones performance.  Apparently performance was linked to battery health, and that as the battery aged, performance lagged, something that would not normally occur.

The suit alleges that Apple phone users were never advised of the practice, never consented, never allowed to opt out.

The practice apparently began in 2016, but only came to light in December 2017 during a study by John Poole at Primate Labs.

None of the allegations have been proven in court, although Apple has admitted to intentionally slowing iPhones through its iOS 10.2.1, 10.3, and 11.2 updates.

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8 comments on “Canadians join lawsuits against Apple
  1. James Davidge says:

    The claims allege the slowing of iPhone models, 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus, was to encourage owners to upgrade to newer products.

    The battery of the iPhone 5 was also affected with IOS updates. Is there a possibility through another software update that the slow down of the battery performance can be reversed?

  2. Mildred McNarland says:

    I took my iPad in to have the screen repaired. They first said it would be $600 and not worth fixing then they told me they could not repair it as it was too old. After I had purchased a new iPad Pro $1379.00 plus all the accessories, I was commenting on how crazy it was that none could fix my old iPad to which they then gave me the address of a business who could fix it! So I took my old iPad there and for $100. They replaced my screen and then the store where I purchased the new one were able to download my info off my old iPad! I felt cheated because now I am indebted to paying for a new iPad which I really didn’t need now!

  3. Brian says:

    My first apple experience is the worst ever, I will crush this phone and never go back to Apple! Can’t do anything without apples permission. Have no control over my phone .
    Phone does what it likes when it likes,
    Super disappointed.

  4. some of the old models of Apple phones were facing the problem as because it slowed down. so Canadian people are coming against the apple to lawsuits regarding those old phone performance. However, the new Apple phones are very good and it does not provide the satisfaction to their customers.

  5. Lynn Balaski says:

    How do I get in on the lawsuit? I have the same issue with my iPhone 6.

  6. I think Apple going down it’s going bad but to be appointed apple is an strong company The claim alleges that Apple’s iOS software updates for iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus were provided to iPhone users under the pretense that the software updates were necessary to deliver enhanced security and performance

  7. Emilee Beeauchamp says:

    Is apple doing anything to fix the iphones? I am an iPhone 6splus user and my phone is soo slow now and the battery drains super fast!