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A lawsuit alleges Apple misrepresented the network capabilities of its older iPhones.

Patrick Jones and Kyle Stirnaman allege in their lawsuit, filed on March 6, that Apple didn’t switch over the iPhone 4 from a 3G network even though the company said it did.

The lawsuit alleges that Apple’s iOS 5.1 operating system continued to display that the iPhone 4 was on the 3G cellular network, but advertised that the iPhone 4S was 4G technology, even though the phone doesn’t comply with 4G telecommunication standards and isn’t a 4G phone.

The suit alleges Apple violated the Illinois Consumer Fraud and Deceptive Business Practice Act by misrepresenting the iPhone 4S as a 4G phone. The “G” is the generation of cell phone technology used by phones. The standards are set by the International Telecommunications Union, which is a specialized agency of the United Nations.

The plaintiffs are seeking class status for the lawsuit, which asks for $5 million in damages, plus court costs. The duo are represented by Christian Montroy of Montroy Law Offices, LLC, in East St. Louis, Illinois.

United States District Court for the Southern District of Illinois Eastern Division case number 3:15-cv-00249.

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