A $5 million class action lawsuit filed on Tuesday claims Apple engaged in deceptive trade practices and false advertising over the iOS 9 upgrade. Plaintiff Chaim Lerman claims he and other iPhone 4s owners are now unable to use their devices due to them being “significantly slowed down,” after installing the new operating system. The plaintiffs are seeking over $5 million in damages, with an option to treble.
The new lawsuit claims Apple promoted iOS 9 as compatible with the older device, while in actuality, the update significantly interferes with the handset’s performance. The lawsuit also states that since Apple doesn’t allow users to downgrade to a previous version of iOS, iPhone 4s users are faced with either owning an inoperable device, or spending hundreds of dollars to purchase a new device.
The class, boasting more than 100 members, alleges iOS 9 slowed their iPhone 4s handsets to the point of their being unusable. They claim both first-party and third-party apps showed slowed launch times, slow touchscreen response, and their devices experienced freezes and crashes after the update.
The lawsuit goes on to charge:
“Upon information and belief, Apple is aware and has been aware for some time that the iPhone 4s’s functionality and/or performance is negatively affected by iOS 9. Upon information and belief, Apple was aware of this before iOS 9 was released as a result of internal testing and/or through other means.”
The lawsuit charges that despite this knowledge, Apple advertised iOS 9’s faster performance, enhanced security, longer battery life and other improved features. Also, the company’s promotional materials failed to warn owners of older hardware, specifically iPhone 4s owners, of potential compatibility issues.
Tuesday’s lawsuit is not the first Apple has faced over iOS updates. A 2011 class action lawsuit claimed iOS 4 turned plaintiff’s iPhone 3G devices into “iBricks.” The case was thrown out of court a year later.