Downtown Brooklyn recently got its first Apple store — and now has its first class-action suit against the tech giant for slowing down performance on older iPhones.
Following three suits filed in federal courts in Illinois, Los Angeles and Northern California last week, five lead plaintiffs in Brooklyn, New Jersey and Florida claim in the new suit that Apple fraudulently hid from consumers the fact that certain iPhones exhibited lower performance over time.
And if those customers went to an Apple Store to inquire about their sluggish phones, they were encouraged to simply buy a new iPhone rather than replace the battery, according to the suit filed in Brooklyn federal court on Tuesday.
This most recent lawsuit was brought against Apple “for its failure to disclose that Apple has been purposely slowing down the processor of its iPhone 5, iPhone 6 and certain iPhone 7 models through operating system software updates.”
“[Apple] was intentionally slowing down performance of older devices to compensate for battery degradation in order to push people to upgrade their iPhones faster,” the complaint states.
The suit adds, “Apple has failed now and in the past to give any explanation as to why their older iPhones become a lot more sluggish after a new iPhone model comes out.”
The plaintiffs’ attorney, Melissa Emert, said, “People got so frustrated with their iPhones being so slow. They weren’t able to send texts or open up emails and instead of Apple telling users you can replace your battery, they wanted them to upgrade their phones.”
On Thursday, Apple admitted that it deliberately slowed down performance of older iPhones in order to preserve battery life on the phones, but the company did not return request for comment relating to Tuesday’s lawsuit.