Naperville Business Lawyer Talks About Apple Slowing Older Phones

apple, Naperville business law attorneyNothing is more important to a business than its loyal customers are. A client-base that continually returns for new products can provide the stability that your company needs, not to mention the revenue that comes along with their regular purchases. Brand loyalty is especially valuable for businesses in tech-based industries, and you would be hard-pressed to find more loyal customers than those who consistently buy Apple products.

As a business law attorney, I understand and appreciate the need for a company to bring customers back again and again. There are, however, ethical ways of doing so and methods that are not so ethical, and recent reports have many people starting to think that Apple is, at the very least, blurring that line.

A Noticeable Trend

For years, people have noticed that a cell phone’s performance quality decreases as the device ages. The phone may stop holding a charge, crash suddenly, or not work as quickly as it once did. Many simply assume that their phone is just getting old or has been damaged, but others are not convinced. While age and the deterioration of parts may cause some performance issues, the issues were too consistent to just be coincidental, especially when considering the timing of the problems.

Some Apple iPhone users have suggested that the company actually makes old iPhones work poorly when a new model of phone is released. Consumers suspected that Apple did this in order to force people to buy the newer version of the iPhone. Surprisingly, Apple recently acknowledged that it does purposely slow down older phones. The tech giant issued a statement saying that it has used software updates to limit the performance of older iPhones that may have battery issues that would cause them to turn off suddenly.

Apple admitted that they used IOS—Apple’s proprietary operating system—updates to alter the performance of older phones but insists that the updates were made for a different reason. Apple has explained that the phones suddenly shut down in order to protect the lithium-ion battery inside the device. The company claims that power management is a feature that has been implemented to improve overall performance rather than one that has been implemented to force users to upgrade by deliberately slowing devices. Apple explained that its software updates for iPhones are designed to even out power demands and prolong the lifespan of batteries. However, the updates can also cause diminished speed in the phones’ functions. Many Apple iPhone users are not accepting the explanation for the slowdown of older phones and believe that there is more to the story.

Consumers File Class-Action Breach of Contract Suit

A proposed class-action breach of contract suit was filed in a California federal court by two consumers who say that they never consented to allow Apple to slow their older iPhones. The claimants are pursuing both California and nationwide class action certification, which would cover virtually all U.S residents who have owned iPhone models older than the iPhone 8. The lawsuit reads, “As a result of the Defendant’s wrongful actions, Plaintiffs and Class Members had their phone slowed down, and thereby it interfered with Plaintiffs’ and Class Members’ use or possession of their iPhones.” Similar lawsuits have been filed in other parts of the country, including in Chicago. The Chicago suit includes four additional plaintiffs and seeks $5 million in damages.

Legal Advice Business Owners Can Count On

If you have questions or concerns about how to improve your brand loyalty, an experienced Naperville business law attorney can help you develop a sound strategy. Contact The Gierach Law Firm to discuss your options and to get the guidance you need. Call 630-756-1160 for a confidential consultation today.



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