A lawsuit has been filed against Apple in the United Kingdom seeking damages totaling 768 million pounds (about $ 935 million).
The lawsuit was filed by Consumer Rights Advocate Justin Gutmann, citing competition law. The lawsuit alleges that the mobile phone maker abused his dominance in the marketplace to engage in exploitative, unfair trading practices when he allegedly misled iPhone users into using them. Power Management Update, first released in January 2017 on iOS 10.2.1, which disrupts affected devices.
The lawsuit was filed in the London Court of Appeals on behalf of up to 25 million British iPhone users who used one of 10 different iPhone models, from the iPhone 6 to the iPhone X (including the iPhone SE).
A lawsuit funded by a lawsuit sponsor called Balance Legal Capital refuses to participate, which means that aggrieved UK consumers do not need to actively register to be part of a representation lawsuit (although they must provide their own Details later, if the claim prevails (և wants to get their share of the damages (damages can be up to ~ 30 for each injured device).
A website with details about the costume has been launched https://theiphoneclaim.com/.
Apple has already faced a number of lawsuits related to the “choking” of the iPhone other European markets.
Back in 2020, he settled a class action lawsuit on home turf, which also accused him of deliberately slowing down older iPhones by encouraging customers to buy newer models or newer batteries, paying up to $ 500 million to end the lawsuit. away, or by doing so without acknowledging the wrongdoing.
In: same yearThe French Competition Authority has fined Apple about $ 27 million for failing to notify users of older devices. In that case, Apple paid the fine and agreed to publish the announcement of sanctions on its website for a month.
Meanwhile inside 2018Italy’s consumer watchdog has blamed Apple (և Samsung) for lower fines on updates it found it could slow down or break devices.
The UK’s latest action on the pollution issue follows what Gutman describes as an expert analysis carried out by technical experts commissioned by his lawyers, Charles Lyndon LLC, which he says shows that Apple The tool was introduced to reduce battery requirements, which slowed the processor up to a maximum of 58% in the case of the iPhone 6s և 7.
The complainant further claims that Apple is misleading consumers because the information about the tool is not included in the description of the download of the iOS 10.2.1 update, which means that users were not aware of the harmful effects on their device.
Instead, users who failed to upgrade to the latest version of iOS were told that they were at risk for security vulnerabilities by skipping key security updates. And the lawsuit claims that some users will be offered up to 70 updates in the notifications, while those who accepted the update were unable to remove it, which means they were stuck with some negative impact on their device.
Apple later added a note about the device in its website release notes, but again the complaint will claim that it misled customers by not being able to explain that the tool slows down the device. To avoid unexpected shutdowns of the iPhone. “
It has continued to apologize for running the episode, launching a battery replacement scheme for all affected iPhone models by 2018, but Gutmann has blamed the company for not releasing enough of the app.
Commenting on his statement, he said: “Instead of offering their customers an honorable ան lawful thing և free replacement, repair, or compensation offer, Apple misled people by hiding the tool in software updates that slowed their devices down to ’58.” % »:
“I’m starting this business so that millions of iPhone users across the UK can be compensated for the damage done by Apple. “If this succeeds, I hope that the dominant companies will re-evaluate their business models and refrain from such behavior,” he added.
Asked why the lawsuit was being filed, the plaintiff’s spokesman said he had been working on the lawsuit “for some time” with his lawyers. “It takes time to file such a claim, including examining its technical aspects. We are now in a position to be ready to file,” they added.
“You are right that a number of similar group lawsuits have been initiated. While none of the European operations have been successful yet, Apple has been fined by French-Italian regulators for this behavior and has settled a number of class actions in the United States. Mr. Gutman understands that group consumer rights claims have been ratified in Canada and Spain. “That group lawsuits have been filed (but not yet ratified) in Belgium, Italy and Portugal.”
Earlier this year In the UK, a separate group-style lawsuit has been filed against Facebook’s parent, Meta, who is trying to use competition law as a means of claiming damages from a tech giant.
Representative actions based on the right to privacy have declined in the UK last year when the Supreme Court ruled in favor of Google, ending a lengthy lawsuit from 2011 to 2012 over Apple Safari for violating the privacy of iPhone users.
The Safari group action lawsuit failed because the court considered it necessary to show the damage / loss on an individual basis rather than agree that uniform compensation could be applied, so it will be interesting to see if the trial attorneys will be more successful by using competition to claim representational damages due to harmful practices of high technology through litigation or out-of-court settlements.