The eight and ninth Class Action lawsuits have been filed against Apple in California and New York respectively for purposely slowing iPhones over the years. In the first class action filed by Violetta Mailyan and her lawyers, they're shooting for the moon by demanding the off-the-wall amount of $999,999,999,000. In the second class action that was filed in New York by Raisa Drantivy and her legal team, they're humbly demanding a mere $100,000,000. I mean in light of Violetta's $999 Billion, it's a bargain, right?

Considering that Samsung will launching a new mid-class A8 series smartphone in January and their high-end Galaxy S9 in February, you could count on Samsung taking a couple of shots at Apple over this issue. It's just in their nature.

Class Action Allegations

The following is in-part from Violetta Mailyan's class action. It's from the segment of the lawsuit titled 'Class Action Allegations.'

"There are substantial questions of law and fact common to the Class that predominate over questions affecting only individual Class members including, but not limited to, the following: whether Defendant intentionally slowed down the performance of older iPhone models through iOS updates or otherwise; whether Defendant intentionally concealed material information from Class members; whether Defendant's conduct was the direct and proximate cause of the damages suffered by Class members; whether the Plaintiff and Class suffered monetary damages as a result of Defendant's conduct; whether Defendant violated California Business and Professions Code §17200 et seq.; whether punitive damages should be awarded to Plaintiff and Class.

Plaintiffs' claims are typical of the claims of the Class. Each member of the Class had to buy a newer iPhone model because the performance of their older iPhone model had slowed down as a result of Defendant's purposeful conduct. Each member of Class was denied the use, utility and value of the older iPhone model because of the slowdown of performance. The injuries of the Plaintiff and Class are identical, and Plaintiff's claims for relief are based upon the same legal theories as the claims of other Class members.

Count 01: Fraud through Concealment

Count 02: Unfair Competition under California Business and Professions Code § 17200 et seq.

The full lawsuit filing is provided to you below courtesy of Patently Apple.

Violetta Mailyan vs. Apple, Class Action of Purposely Slowing IPhones by Jack Purcher on Scribd

The Ninth Class Action Lawsuit





The ninth Class action lawsuit filed against Apple was filed by Raisa Drantivy in the Eastern District Court of New York with six causes listed:

Cause 01: Breach of Implied Contract

Cause 02: Trespass to Chattel

Cause 03: Fraud

Cause 04: Misrepresentation

Cause 05: Deceptive Business Acts and Practices

Cause 06: False Advertising

The plaintiff in this case, as in all cases, recounts Apple's updates over the years that stated such things as follows: "Defendant's 'update' descriptions expressly specified and recommended that Plaintiff and other iPhone users should download and install the 'updates' to 'fix bugs and issues' as well as 'increase performance' on the iPhone 5."

At a later point under the 'Substantive Allegations' segment it states:

"Plaintiffs and Class Members have owned and used defendant Apple's product, iPhones, for a number of years.

Defendant alleges that its battery may retain up to 80 percent of their original capacity at 500 complete charge cycles.

Defendant alleges that it slows down iPhone processors when the battery is wearing out.

Defendant never requested consent or did Plaintiffs at any time give consent for Defendant to slow down their iPhones.

Plaintiffs and Class Members were never given the option to bargain or choose whether they preferred to have their iPhones slower than normal.

Plaintiffs and Class Members suffered interferences to their iPhone usage due to the intentional slowdowns caused by Defendant.

Defendant's wrongful actions directly and proximately caused the interference and loss of value to Plaintiffs and Class Members' iPhones causing them to suffer, and continue to suffer, economic damages and other harm for which they are entitled to compensation, including:

a. Replacement of old phone;

b. Loss of use;

c. Loss of value;

d. Purchase of new batteries;

e. Ascertainable losses in the form of deprivation of the value of their iPhone;

f. Overpayments to Defendant for iPhones in that a portion of the price paid for such iPhone by Plaintiff and Class Members to Defendant was for Defendant to purposefully not interfere with the usage of their iPhones, which Defendant and its affiliates purposefully interfered with in order to slow down its performance and, as a result, Plaintiffs and Class Members did not receive what they paid for and were overcharged by Defendant.

The full lawsuit filing is provided to you below courtesy of Patently Apple.

Raisa Drantivy v. Apple Class Action Over Slowing IPhones by Jack Purcher on Scribd









Class Action Lawsuit Reports Posted on this One Issue since December 22, 2017

08: The 10th Class Action against Apple Claims they Fraudulently Omitted Information about the Battery Issue in order to sell new iPhones

07: The 9th Lawsuit against Apple for Purposely slowing iPhones Points to Fraud, Unjust Enrichment and 9 other Causes for their Class Action

06: The 7th and 8th Class Action Lawsuits have been filed in New York and California with one Suit demanding an insane $999 Billion Payout

05: Apple Hit with a $125 Million Class Action in Israel over Purposely Slowing iPhones

04: Apple hammered with Class Action #5 for slowing iPhone Battery Issue

03: The Fourth Lawsuit against Apple regarding the slowing iPhone Battery Issue was filed in New York on Friday

02: Apple has been hit with a Third Battery Issue Related Lawsuit by a Bay Area Resident

01: In the Blink of an Eye, Apple's Admission of Slowing Batteries on Older iPhones turns into a Class Action Lawsuit (this report covers two class action lawsuits)





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