Apple hit with $5M lawsuit for slowing iPhone 4S users with upgrade

A man holds his new iPhone 4S outside the Apple... — A man holds his new iPhone 4S outside the Apple Store in Washington, D.C, on Oct. 14, 2011. Credit: Getty Images

By Phil Nobilephil.nobile@newsday.comJanuary 3, 2016

A new class action lawsuit against Apple claims that the company participated in deceptive business practices by slowing down older iPhones with new upgrades.

The lawsuit, filed in U.S. District Court for the Eastern District of New York on Tuesday, says that iPhone 4S owners were “harmed when their device’s software was updated” to the new iOS 9 operating system, and that the update “significantly slowed down their iPhones and interfered with normal usage of the device.”

The suit claims that Apple engaged in false advertising when stating the new operating system would be compatible with older iPhone models.

“Apple explicitly represented to the public that iOS 9 is compatible with and supports the iPhone 4S,” the complaint reads. “And Apple failed to warn iPhone 4S owners that the update may or will significantly interfere with the device’s performance.”

Plaintiff Chaim Lerman, along with more than 100 members of the class action suit, are seeking $5 million in damages.

A similar lawsuit was filed in 2010 when a San Diego woman claimed that iPhone 3G models were turning into “virtually useless iBricks” with the iOS 4 update. The case was tossed out one year later, with the presiding judge stating the free update did not amount to a “sale or a lease.”

The case has been assigned to New York District Court Judge Sterling Johnson Jr., according to court documents. No hearings have been set as of this time. Apple was not available for comment thursday.