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Lawsuit filed against Apple for crippling older devices with iOS 9

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Lerman and more than 100 class members in support of the lawsuit are seeking over $5 million in damages from Apple, with the option to triple the amount asked. It’s a sizable update for all iOS 9 powered devices including the iPhone 4s.


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Apple’s iOS 9 was panned in September 2015 by a number of users who claimed it slowed down their devices, including the iPhone 6. Since security protocols do not allow users to downgrade, owners are then left to choose between a device that does not operate or spend money on a new model.


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The Class Action against Apple was filed in the New York Eastern District Court, Brooklyn Office. Slow responses and lagging launch times in native, Apple-developed, and third-party applications have been observed following the software update, along with a significant decline in touchscreen efficiency. Overall, the device performance has become sluggish. Apple should have at least informed iPhone 4S users about the potential issues that were present with the update, the plaintiffs argue. The new iPhone could be the thinnest ever launched by the company. There is no learning curve and no delays and trouble that accompany new information input. Yet, this is something Apple benefits from financially.

It’s also being reported that the 4-inch display won’t get a boost in resolution. Apple’s latest mobile operating system slows down the iPhone 4s so much that it’s basically unusable, according to a lawsuit filed in NY this week. It could feature 3D touch and upgraded “A10” SoC, “M10” motion coprocessor. Apple explicitly represented to the public that iOS 9 is compatible with and supports the iPhone 4S.

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But this lawsuit argues that the company has a responsibility to protect its consumers, particularly those who don’t necessarily keep up with the seemingly endless changes in technology. In that case, the judge ruled that iOS 4 was not a good or a service, while also dismissing claims of false advertising and deceptive business practices.

Apple Inc