The Sunday Guardian

Apple faces the law for slowing down phones

- PARESH DAVE

Apple Inc defrauded iPhone users by slowing devices without warning to compensate for poor battery performanc­e, according to eight lawsuits filed in various federal courts in the week since the company opened up about the year-old software change.

The tweak may have led iPhone owners to misguided attempts to resolve issues over the last year, the lawsuits contend.

Allthelaws­uits—filedinUS District CourtsinCa­lifornia, NewYork andIllinoi­s—seek class-action to represent potentiall­y millions of iPhone owners nationwide.

A similar case was lodged in an Israeli court on Monday, the newspaper Haaretz reported.

Apple did not respond to an email seeking comment on the filings.

The company acknowledg­ed last week for the first time in detail that operating system updates released since “last year” for the iPhone 6, iPhone 6s, iPhone SE and iPhone 7 included a feature “to smooth out” power supply from batteries that are cold, old or low on charge.

Phones without the adjustment would shut down abruptly because of a precaution designed to prevent components from getting fried, Apple said.

The disclosure followed a December 18 analysis by Primate Labs, which develops an iPhone performanc­e measuring app, that identi- fied blips in processing speed and concluded that a software change had to be behind them.

One of the lawsuits, filed Thurs- day in San Francisco, said that “the batteries’ inability to handle the demand created by processor speeds” without the software patch was a defect.

“Rather than curing the battery defect by providing a free battery replacemen­t for all affected iPhones, Apple sought to mask the battery defect,” according to the complaint.

The problem now seen is that users over the last year could have blamed an aging computer processor for app crashes and sluggish performanc­e— and chose to buy a new phone - when the true cause may have been a weak battery that could have been replaced for a fraction of the cost, some of the lawsuits state.

“Ifitturnso­utthatcons­umerswould have replaced their battery instead of buying new iPhones had they known the true nature of Apple’s upgrades, you might start to have a better case for some sort of misreprese­ntation orfraud,” saidRory VanLoo, aBoston University professor specialisi­ng in consumer technology law.

But Chris Hoofnagle, faculty director for the Berkeley Center for Law & Technology, said in an email that Apple may not have done wrong.

The lawsuits seek unspecifie­d damages in addition to, in some cases, reimbursem­ent. A couple of the complaints seek court orders barring Apple from throttling iPhone computer speeds or requiring notificati­on in future instances. THE INDEPENDEN­T

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