Plaintiffs claim they were never given the option to choose whether they preferred to have their iPhones slowed. File photo
LOS ANGELES — Iphone users have filed a class-action lawsuit against Apple Inc., citing alleged breach of implied contract and trespass to chattel.
Stefan Bogdanovich and Dakota Speas, on behalf of themselves individually and all others similarly situated, filed a complaint on Dec. 21 in the U.S. District Court for the Central District of California against Apple Inc. They allege the defendant breached its agreed contract to not purposely interfere with the consumers' usage or speed of the device.
According to the complaint, the plaintiffs allege that, on Dec. 20, defendant allegedly admitted to purposefully slowing down older iPhone models when the battery is wearing out. Plaintiffs claim they and the class were never given the option to bargain or choose whether they preferred to have their iPhones slower than normal and were not informed that older iPhone models would be slowed down when new models come out.
As a result, plaintiffs and class members suffered interference to their iPhone usage that deprived them of the value of their iPhone.
The plaintiffs hold Apple Inc. responsible because the defendant allegedly interfered or otherwise lowered the use or value of older iPhone models without the knowledge or consent of its customers.
The plaintiffs request a trial by jury and seek equitable relief requiring restitution and disgorgement of the revenues, award of actual and compensatory damages, costs of suit, attorneys' fees, and such other and further relief as the court may deem just and proper. They are represented by Bobby Saadian and Colin M. Jones of Wilshire Law Firm in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-09138-PSG-JC