Law Office of Henry B. LaTorraca Civil Trial Attorney

Apple facing class action lawsuits over throttling disclosure

The California-based technology giant Apple is facing a consumer backlash after it was revealed that older iPhone models slow considerably when their iOS operating systems are updated. Apple claims that the decision to slow down the performance of older iPhones was made to make their lithium batteries last longer, but critics of the Cupertino-based company say that the throttling is designed to encourage consumers to purchase the latest iPhone 8, 8 plus and X models.

The allegations had gained traction largely because the performance issues were only revealed when a Geekbench developer ran a series of tests. Many Apple customers reacted angrily to the news, and reports indicate that the company is facing at least nine class action lawsuits filed by unhappy iPhone owners. Litigation filed in California, which seeks an eye-watering $999 billion in damages, accuses Apple of fraud through concealment and using unfair business practices.

Apple took steps to repair its reputation by publishing a letter to its customers on December 28. However, the letter apologized for the company's lack of transparency and not for its deliberate slowing of older models. The issue could be an even thornier one for Apple in parts of the world with planned obsolescence laws. In France, where such laws are strict, a consumer rights organization has filed a criminal complaint against the company. Under French law, companies that impair older products can face fines of as much as 5 percent of their annual sales.

Corporations with large cash reserves often find themselves facing business litigation following allegations of impropriety, and the way that they respond to them can either repair or further harm their reputations. Attorneys with experience in this area may be able to assess lawsuits involving unfair or unlawful business practices and recommend appropriate action. In certain situations, attorneys may suggest that this type of legal action be settled quickly and discretely.

Source: The New York Times, Apple, Epson Face French Legal Complaints Over Allegedly Shortening Life of Products, Reuters, Dec. 28, 2017

No Comments

Leave a comment
Comment Information

Creative Solutions for Complex Legal Issues

Map email us for a response

Contact the Law Office of Henry B. LaTorraca

Prospective clients are invited to contact attorney LaTorraca at 562-216-2942 for an initial lawyer consultation to discuss their legal matter.

*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Follow Henry B. LaTorraca Via Social Media

400 Oceangate Suite 700 Long Beach, CA 90802-4306 Phone: 562-216-2942 Fax: 562-216-2943 Map & Directions

facebook google plus LinkedIn directions