Anne Bucher  |  June 21, 2022

Category: Legal News

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Close up of a hand holding an iPhone processing a software update.
(Photo Credit: nikkimeel/Shutterstock)

Apple throttling class action lawsuit overview:

  • Who: Justin Gutmann filed a class action lawsuit against Apple Inc.
  • Why: Gutmann alleges Apple issued an iOS update that throttled iPhone performance.
  • Where: The Apple class action lawsuit was filed in the Competition Appeal Tribunal.

Apple Inc. faces a class action lawsuit over allegations it misled iPhone users by issuing an iOS update that throttled device performance.

If you owned one of the affected iPhones, you may be included in the proposed Apple class action lawsuit:

  • iPhone 6
  • iPhone 6 Plus
  • iPhone 6S
  • iPhone 6S Plus
  • iPhone SE
  • iPhone 7
  • iPhone 7 Plus
  • iPhone 8
  • iPhone 8 Plus
  • iPhone X

The lawsuit was filed in the Competition Appeal Tribunal as an opt-out lawsuit that will include all eligible UK iPhone users.

Details about the Apple class action lawsuit are available at theiphoneclaim.com.

Apple class action says iOS updates throttle iPhone performance by up to 58%

Justin Gutmann, a consumer rights campaigner, filed the Apple class action lawsuit, which seeks damages of £768 million. He alleges Apple violated UK competition law by engaging in abusive and exploitative behaviour regarding the supply of iPhones and their operating system updates.

The lawsuit challenges the tech giant’s alleged practice of pushing users to download an iOS update that affected iPhones’ performance. For example, the 10.2.1 iOS upgrade allegedly placed demands on iPhones that exceeded the batteries’ capabilities and increased the chance of unexpected shutdowns. 

Apple also allegedly pushed iOS updates that included a “throttling” function that substantially reduced iPhones’ performance. The Apple class action lawsuit alleges Apple failed to adequately and transparently communicate to users about the unexpected shutdowns and throttling.

Instead, the Apple class action claims Apple led iPhone users to believe that they would be vulnerable to security flaws and bugs if they failed to update their phones.

Gutmann alleges that Apple intended to reduce the demands on the battery, which slowed the processor’s speed at peak performance by as much as 58%.

In related Apple news, European lawmakers recently provisionally approved legislation requiring Apple and other smartphone makers to include USB-C charging ports on all devices sold in the European Union by the fall of 2024.

Do you own an iPhone? Did you notice performance issues after an iOS update? Tell us what you think about the Apple class action lawsuit in the comments below!

Gutmann is represented by Charles Lyndon.

The Apple throttling class action lawsuit is Justin Gutmann, et al. v. Apple Inc., et al., Case No. unknown, in the Competition Appeal Tribunal.


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