Apple accused of slowing iPhone 4s with iOS 9 upgrade, faces $5 million class-action lawsuit

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Users of iPhone 4s with the latest system upgrade, iOS 9, are suing the device’s manufacturer. On Tuesday, a lawsuit has been filed on a New York district court claiming that Apple is slowing down the performance of the users’ mobile phones following the software update.

The class-action lawsuit lead by Chaim Lerman accuses Apple of false advertisement and deceptive trade practices by promoting the iOS 9 to owners as a system upgrade compatible with Apple’s iPhone 4s models. Members of the suit have charged the company with over $5 million in damages.

The news was first reported by Apple Insider.

Lerman and fellow members of the class-action suit claim that the iOS 9 has become a major source of headache while using their devices. Since the tech giant’s security protocols don’t allow owners from downgrading, Mashable reported that they are forced to purchase a new version from Apple’s slew of products. It’s either getting a new one or be stuck using an unbearable device.

More than 100 users have joined the class-action lawsuit asserting that there’s a great difference before and after the system upgrade. Following the iPhone 4s’ enhancement with iOS 9, users begin experiencing a delay while launching applications; some also claim that the responsiveness of the touchscreen has been annoyingly slow.

Lerman, for his part, stresses out that his iPhone 4s has been freezing and crashing – making the upgrade more of a hassle than a convenience.

"The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone. Apple explicitly represented to the public that iOS 9 is compatible with and supports the iPhone 4S. And Apple failed to warn iPhone 4S owners that the update may or will interfere with the device's performance," reads a statement from the lawsuit.

Apple has not yet commented on this ongoing legal threat. Per USA Today, the company “could not be immediately” reached for a statement.

At present, New York District Court Judge Sterling Johnson Jr. is the one handling the case. The hearing date is yet to be determined.

Tags
ios 9, iphone 4s, iPhone, Apple, Steve Jobs, Tim Cook
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