Apple has agreed to a settlement in the six-years-long class-action lawsuit that accused the Cupertino firm of purposefully slowing down iPhone 4S devices with the iOS 9 update, back in 2015. The iPhone maker will pay some iPhone 4S owners who had experienced poor performance $15 each for their claims.
The class-action lawsuit was initially filed in December 2015, by plaintiff Chaim Lerman who claimed he and other iPhone 4s owners were unable to use their devices due to them being “significantly slowed down,” after installing the then new operating system. The plaintiffs saught over $5 million in damages, with an option to treble.
The lawsuit accused Apple of falsely marketing the iOS 9 update as providing enhanced performance on devices it supports, including the iPhone 4S.
Plaintiffs collectively filed the operative Complaint in this action alleging that the Class was harmed when consumers downloaded iOS 9 onto their iPhone 4S devices after being exposed to Apple’s allegedly false description of the new operating system. Plaintiffs contend that Apple misrepresented that iOS 9 was compatible with the iPhone 4S and would improve or “enhance performance” for its customers that downloaded the software update. Instead, Plaintiffs contend, iOS 9 significantly slowed down the performance of their iPhone 4S devices.
The lawsuit alleged that iOS 9 slowed the plaintiffs’ iPhone 4s handsets to the point of their being unusable. They claimed both first-party and third-party apps showed slowed launch times, slow touchscreen response, and their devices experienced freezes and crashes after the update.
Under the settlement, Apple allocated $20 million to compensate iPhone 4S owners in New York and New Jersey who experienced poor performance after updating to iOS 9.
Customers who believe they are entitled to the $15 must “submit a declaration under the penalty of perjury that, to the best of their knowledge, they downloaded iOS 9, or any version thereof, onto their iPhone 4S… their iPhone 4S experienced a significant decline in performance as a result, are entitled to a payment of $15 per applicable device.”
A website will be available where customers who think they are entitled to the settlement will be able to submit a form, providing their name, email, iPhone 4S serial number (if they still have it), and a mailing address.
The full motion is available to peruse here.