Apple sued for misrepresenting compatibility of iPhone 4S with iOS 9

Apple has been sued by over a hundred iPhone 4S owners in the United States for misrepresenting the effects of the new operating system on the performance and battery life of the once popular iPhone.

Tim Cook was in for a long applause when he announced during the launch of iOS 9 that the new operating system will work with all the devices that worked with the existing iOS 8 ecosystem. Among other things, Apple announced that iOS 9 will offer “faster performance, improved security, convenient updates, and longer battery life” to the iPhone 4S which was launched in October 2011.

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Despite entering its fourth year and falling behind modern low-cost phones in terms of performance, battery life and size, iPhone 4S continues to sell in large numbers in several countries where owning an iPhone is more of a status symbol. Even in the United States, there are still a large number of people who own the iPhone 4S. Earlier this year, Argos offered refurbished iPhone 4s devices for just £99 during Black Friday sales.

The recently-filed suit alleges that ever since the complainants updated their iPhone 4S devices with iOS 9, the update "significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone." The complainants are claiming over $5 million in damages from Apple along with an option to triple the amount.

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The complainants also added that "the update caused performance problems in all aspects of the iPhone’s functionality, including core functions like the phone, email, text messages, contacts, etc. Besides slowing down, the update caused crashes and freezes."

"The Plaintiff and class members suffered the same or similar harm as a direct result of Apple’s material misrepresentations and concealment of true material facts, leading the consumer to download and install a product that was hailed as offering a substantial upgrade, enhanced reliability, enhanced features, and greater functionality and capability, when in fact such was completely false," they concluded.

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The suit was filed in the state of New York but no hearings have been set as yet.

While it is no secret that older iPhones will obviously not perform the same way as the latest ones owing to the difference in terms of processor, hardware and other features, the complainants will still have a chance to win if they will be able to prove obvious differences in performances between their upgraded iPhones and the ones that were not upgraded with iOS 9.

Back in October, William Scott Phillips and Suzanne Schmidt Phillips, an American couple, initiated a $5 million lawsuit on Apple alleging that Apple didn't explain its Wi-Fi Assist feature on iOS 9 properly, leading them to incur much higher mobile data costs than they expected.

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Installed as one of iOS 9's default features, Wi-Fi Assist exists to make your internet usage smooth by catching on to cellular data in areas where Wi-Fi coverage is poor. So if the Wi-Fi router in your home isn't strong enough, there's a chance that you may end up paying for much more cellular data than you signed up for.

In case you're using data-heavy apps like Music streaming service, FaceTime, Maps or even downloading apps and updates from the App Store, you may end up paying dearly for being around a poor Wi-Fi connection. Even if you wish you could turn this feature off, you can't since it’s a default one.

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