SAN JOSE, Calif. (Legal Newsline) – Several consumers have filed a complaint against Apple over allegations its iOS 10.2.1 update issued in January 2017 throttled iPhone performance.
Alex Rodriguez, et al. filed a complaint individually and on behalf of all others similarly situated on July 2 in the U.S. District Court for the Northern District of California against Apple Inc. citing the Computer Fraud and Abuse Act and other counts.
According to the complaint, the plaintiffs allege that they have suffered from the defendant's wrongful conduct to conceal defects on their iPhone devices that were suddenly shutting down even though the batteries were more than 30 percent charged. They allege they were further harmed when Apple released two software updates that secretly throttled the devices’ performance to reduce the number of unexpected shutdowns to a more-manageable volume without consumers' knowledge.
The plaintiffs hold Apple Inc. responsible because the defendant allegedly designed, manufactured and sold devices that it knew contained defects or battery issues and withheld that information from consumers.
The plaintiffs request a trial by jury and seek judgment against defendant for monetary and non-monetary relief, certification of the class action, actual and statutory damage, interest, attorney's fees, costs of suit and further relief as the court deems just. He is represented by Joseph W. Cotchett and Mark C. Molumphy of Cotchett, Pitre & McCarthy LLP in Burlingame, California; Laurence D. King of Kaplan Fox & Kilsheimer LLP in San Francisco, California; and Daniel C. Levin of Levin Sedran Berman in Philadelphia, Pennsylvania and others.
U.S. District Court for the Northern District of California case number 18-cv-03989