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.