Defendant breached the implied contracts it made with Plaintiffs and Class Members by purposefully slowing down older iPhone models when new models come out and by failing to properly disclose that at the time of that the parties entered into an agreement.
"Our goal is to deliver the best experience for customers, which includes overall performance and prolonging the life of their devices.
Last year we released a feature for iPhone 6, iPhone 6s and iPhone SE to smooth out the instantaneous peaks only when needed to prevent the device from unexpectedly shutting down during these conditions.
We've now extended that feature to iPhone 7 with iOS 11.2, and plan to add support for other products in the future.".
The two say they did not consent to have Apple slow down their devices, nor were they able to "choose whether they preferred to have their iPhones slower than normal.
"They're seeking both California and Nationwide class action certification, which would cover all persons residing in the United States who have owned iPhone models older than the iPhone 8.Apple yesterday addressed speculation that it throttles the performance of older iPhones with degraded batteries, confirming that there are power management features in place to attempt to prolong the life of the iPhone and its battery.
As explained by Apple, when certain iPhone models hit a peak of processor power, a degraded battery is sometimes unable to provide enough juice, leading to a shutdown. »