Lawsuit

Apple sued for £768m in UK over that old Battery Throttling issue

25 million iPhone users could be owed under a legal claim launched today

Apple is set to face a £768m class action lawsuit in the UK over claims it misled iPhone users into downloading updates that slowed old iPhones down.

Campaigner Justin Gutmann is seeking damages on behalf of up to 25 million iPhone owners in the UK who were affected by Apple’s practices.

Apple acknowledged that a software update released in 2017 hampered the performance of devices, although it claims the software was meant to protect the phone’s battery life.

The company previously paid $113m to settle a similar case in Arizona, and $500m to settle another in California.

Gutmann’s claim has been filed with the Competition Appeal Tribunal, the UK’s specialist judicial body that hears cases relating to anti-competitive market practices.

It is an opt-out claim, meaning people who owned an iPhone 6, 6 Plus, 6S, 6S Plus, SE, 7, 7 Plus, 8, 8 Plus and iPhone X model do not need to actively join the case to seek damages.

“Instead of doing the honourable and legal thing by their customers and offering a free replacement, repair service or compensation, Apple instead misled people by concealing a tool in software updates that slowed their devices by up to 58%,” Gutmann said.

“I’m launching this case so that millions of iPhone users across the UK will receive redress for the harm suffered by Apple’s actions.

“If this case is successful, I hope dominant companies will re-evaluate their business models and refrain from this kind of conduct,”

The saga began following a study by a user who claimed that Apple’s tech automatically slowed phones when the battery had a diminished charge capacity. Apple admitted causing the issue and apologised for the apparent downgrade.

In a statement, the company explained that as the lithium-ion batteries used in its phones age they become less able to provide the top levels of electrical current needed.

The problems with peak current draws especially occur when batteries are cold or low on charge – “which can result in the device unexpectedly shutting down to protect its electronic components”, Apple said.

Lithium-ion batteries lose their capacity over time due to the physical wear-and-tear of ions passing through the material of the battery.

But iPhone users had complained about their devices turning off abruptly even when they had a significant amount of charge left.

The company eventually replaced eleven million iPhone batteries in 2018 and also introduced a feature to allow users to turn off the power management tool.

In a statement, Apple said:

“We have never, and would never, do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades.

Our goal has always been to create products that our customers love, and making iPhones last as long as possible is an important part of that.”

However Gutmann claims Apple did not do enough to inform customers about its battery replacement service and that the company has abused its market dominance.

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