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Thursday, November 21, 2019

Consumer accuses Apple of fraud over alleged slowing of older iPhone performance

By Noddy A. Fernandez | Jan 3, 2018

Phone 06

LOS ANGELES (Legal Newsline) – A California iPhone user has filed a suit against Apple over allegations it failed to disclose it was purposely slowing down the performance of older iPhone models.

Violetta Mailyan, an individual and on behalf of herself and all others similarly situated, filed a complaint on Dec. 23, 2017, in the U.S. District Court for the Central District of California against Apple Inc. and Does 1-100 alleging fraud through concealment and unfair competition under the California Business and Professions Code.

According to the complaint, on Dec. 20, 2017, defendant allegedly admitted to purposefully slowing down the operating speed of older iPhone models. The plaintiff alleges this was done through iOS updates or otherwise.

The plaintiff claims that the defendant's iOS updates never informed her or the class that the defendant was slowing down the operation of their devices. She alleges that if she and the class knew that the slow performance could be remedied by a new battery or by refusing the iOS update, she would have responded accordingly.

The plaintiff holds Apple Inc. responsible because the class was allegedly damaged because members bought newer iPhone models as a result of the slow performance of their phones.

The plaintiff requests a trial by jury and seeks award of monetary damages, appropriate equitable relief, attorneys' fees, litigation expenses, punitive damages, and all such further relief as allowed by law. She is represented by Armen Kiramijyan and Hovsep Hovsepyan of Kaass Law in Glendale, California.

U.S. District Court for the Central District of California case number 2:17-cv-09192-SVW-FFM

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U.S. District Court for the Central District of CaliforniaApple Inc.