Some iPhone 4s owners will receive a (small) payment from Apple as part of a class action plan

Apple has agreed to settle another long-running class-action lawsuit, this time compensating iPhone 4s owners who complained about poor performance after the update to iOS 9. While many people have forgotten about Apple’s iPhone 4s, this Released in 2011, the lawyer is much. long memories. The lawsuit was filed in February 2015, when Apple’s most brilliant new product in the iPhone 6s and iOS 9 was released to the public, promising improved performance even for older devices.

Unfortunately, that is true for at least some iPhone 4s owners. A group of users say that, instead of seeing an increase in performance, the new iOS 9 slows down their iPhones to a point where they no longer “work for normal use.” This includes “crashes and freezes” and “performance problems in all areas of iPhone performance,” including phone, email, and text messaging features. These Incredible Applications Help You Save Money, Save Money, Cancel Unwanted Registrations, and much more The App Store has become completely epic with all the same repetitive junk. Cut clutter off: These are the only iPhone 6 accessories you will ever need… Find More

To be clear, this lawsuit is not Apple’s accusation of intentional breach. The question is not whether Apple will slow down the iPhone 4s. Instead, the plaintiffs accused Apple of “fraudulent business practices and advertising.” Complainant and other owners of the iPhone 4S were harmed when their device software was updated to a new feature, iOS 9. The update significantly slowed down their iPhones and interfered with the normal use of the device, leaving Complainant with a difficult choice: using a slow and buggy device that disrupts daily life or spends hundreds of dollars to buy a new phone. Apple has publicly announced that iOS 9 is compatible with and supports the iPhone 4S. And Apple has failed to warn iPhone 4S owners that the update may or may not significantly interfere with the device’s performance.

The class action was filed in the New York East District by Chaim Lerman, Roslyn Williams, and James Vorrassi, and represented more than 100 class members. The group called on Apple to pay damages within $ 5. million and $ 15 million. Naturally, Apple fought back, resulting in years of long litigation. Apparently in an effort to put the matter into writing, Apple published more than 48,000 documents, over 539,000 pages, including submissions from a dozen Apple employees and a total of expert reports from over 770 pages. Now, six years after the case began, it appears that both sides have come to an agreement, albeit perhaps as a result of natural disasters.

After six years of litigation, the council identified the major risks that the parties would face if the practice continued. Apple has agreed to drop $ 20 million in the deal. This would be used to pay $ 15 for the relevant iPhone 4s application, which is in line with Apple’s claims throughout the lawsuit that even if the plaintiff’s claims are true, the actual damages will not exceed $ 15 per device. The price paid for a device may be higher if the total number of applicable claims is less than expected. The “Network Decision Match” – $ 20 million minus recurring attorney fees, expenses, and administrative expenses – will be distributed equally among eligible class members, up to a $ 150 cap per device.

A particular class action case is limited compared to most. Members of the Decision Class must have or have already had iPhone 4s updated to iOS 9, and they also need to live in either New York or New Jersey when they install iOS 9. The decision states “personal” to anyone who uses the iPhone 4s for personal, work, or other purposes. It also covers anyone who is “updated to any version of iOS 9 from any version of iOS 7 or iOS 8.”

While the decision also has to go through a formal verification process, a website will finally set up for customers to submit a request form, including a serial number for iPhone 4s and “an ad under penalty of certainty that, to the best of their ability. most of them. knowledge, (1) they downloaded iOS 9, or any version of it, onto their iPhone 4S; (2) they lived in New York or New Jersey at the time they first released any version of iOS 9; and (3) their iPhone 4S experienced a significant reduction in performance as a result. ”

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