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  • Apple Faces Class Action Lawsuit Over Slowed iPhone 4s Performance With iOS 9 Update


    iOS 9 may run smoothly with all of its new features on Apple's latest devices, but the old and tired iPhone 4s hasn't exactly been known to run very well with the latest operating system from Apple. In fact, the operating system that is almost certainly designed to be used with larger display iPhones with their major hardware upgrades has not been very well optimized for the slower 32-bit dual-core A5 processor and the 3.5-inch display.

    As a result, Apple is now facing a class action lawsuit regarding the matter since iPhone 4s users that have upgraded to iOS 9 are not happy with the performance and the losses in performance can actually impact day-by-day use of the device to the point where upgrading to a brand-new expensive iPhone may be the only answer to having a fully-functional iPhone that isn't laggy beyond belief.

    Since Apple wasn't very straightforward at saying that iOS 9 would drastically ruin the performance of the iPhone 4s and because there's no way to downgrade to earlier firmwares that ran much easier on the device's hardware, the plaintiffs suggest that it was a malicious act by Apple and they should have to pay, rather than the plaintiffs having to purchase a new iPhone just to have fluidity back.

    It's also noted that the "faster performance" advertised on Apple's Web site with iOS 9 is a bit of false advertising depending on the device you might be using, because although newer devices may perform better, the iPhone 4s is certainly seeing the opposite results.

    Source: Apple Insider
    This article was originally published in forum thread: Apple Faces Class Action Lawsuit Over Slowed iPhone 4s Performance With iOS 9 Update started by Anthony Bouchard View original post
    Comments 52 Comments
    1. rolandgabor's Avatar
      rolandgabor -
      I don't think it was malicious. However, electronic devices fail over time by design, allowing manufacturers are distributors to move products. It's just the nature of corporate big business. If all devices would operate forever and provide the same performance than Apple and the likes would not survive and proper at the rate they do. We would still be watching big box TV's and use computers with Windows '95. But we don't. We buy better, modern technology. You should do the same if you have an iPhone 4. It's just my opinion. Should Apple allow ios9 to be installed on those devices? I think not. Is it done to force owners to upgrade? Most definitely.
    1. maaaslo's Avatar
      maaaslo -
      I agree with what you said there. But i got stuck with the original ipad i have paid crapload of money for and have been forced to reinstall and upgrade when doing the repair in apple store. The sluggishness of the ipad rendered it useless and the advice i was given was" just buy a new one". I paid a lot and i cannot use it. And it did suit me perfectly. I dont like the new ipads, they are too light and too thin. I need to feel something in my hands. I would be happy if owners of the original ipad do get added to this law suit and we would get allowed to downgrade back to 4.2.1. That would be awesome.
    1. spinal_cord's Avatar
      spinal_cord -
      The ONLY Reason I upgraded from iPhone 4 to 5 was because ios7 ran like crap on the thing, with no possible way to downgrade back to ios 6, which ran well. If a product works the way you want it to, you should not be forced to upgrade to a new model just because you experimented with newer software. If the newer iOS doesn't run at all well on older hardware, then they should mark that hardware incompatible rather than forcing those who try it to be stuck with what is essentially a brick.
    1. GMcDaniels's Avatar
      GMcDaniels -
      @rolandgabor: "I don't think it was malicious. And, [rationalization / deflection / mollycoddling Yada-blah]..." No Ribbons for the Empathy-Challenged!
      Sent via Apple Wi-Fried iPhone 6-Plus.
    1. buttamix's Avatar
      buttamix -
      If that's the case then every cellphone manufacturer company should be faced with this class action lawsuit
    1. X-Men's Avatar
      X-Men -
      If apple allow downgrading to desired firmwares, old device owners can enjoy the fastest performance as they can download the original version for which they gave their money. If they need newer apps let them to decide whether upgrading or not. (Hope Apple officials read modmyi)

      Apple is doing not great job in the view of affected customers. Customer rights are more important than the policies of the company
    1. snos2's Avatar
      snos2 -
      Easiest thing for apple todo would be to resign older firmwares , so people can downgrade to a ios they are happy with ?
      Problem solved
    1. edwilk55's Avatar
      edwilk55 -
      Quote Originally Posted by X-Men View Post
      If apple allow downgrading to desired firmwares, old device owners can enjoy the fastest performance as they can download the original version for which they gave their money. If they need newer apps let them to decide whether upgrading or not. (Hope Apple officials read modmyi)

      Apple is doing not great job in the view of affected customers. Customer rights are more important than the policies of the company
      Exactly 10000% correct. People spend a lot of very hard earned cash on these devices. They are a premium in the market.

      If you have an upgrade that causes major issues, the user should absolutely be allowed to downgrade. It's understandable that an OS and apps can't work for every device forever, but there's no reason that Apple couldn't allow users to downgrade and actually have access to the older version of the app/OS that works for their device.

      I have an old 3GS that's mint. 32 gig HD. It's a great little "keep around the house" phone for playing music, controlling my home automation, etc. Of course, almost no app in the app store works now because after wiping it and installing the latest OS, it's too low a version for any app to run. No reason they can't keep and allow older devices to install the workable version of both applications and OS.

      It's all about the Benjamins with Apple, not the customer's best interest!!!
    1. rolandgabor's Avatar
      rolandgabor -
      Quote Originally Posted by GMcDaniels View Post
      @rolandgabor: "I don't think it was malicious. And, [rationalization / deflection / mollycoddling Yada-blah]..." No Ribbons for the Empathy-Challenged!
      Sent via Apple Wi-Fried iPhone 6-Plus.
      That is how you quote. You're not on Twitter why don't you express yourself in more than 140 characters. Thank you for allowing me to have an unbiased opinion
    1. Purple Minion's Avatar
      Purple Minion -
      I totally agree with many of the users here. Why does Apple practically force the latest update on every iOS device out there, then refuse to let users downgrade if they wish? They don't do that with OS X, at least not yet. (In the case of problems, they actually do force an upgrade. Grrrr.)

      Windows 10 now forces upgrades upon users—they have no choice but to accept all so-called updates. Microsoft also spies on all its users, collecting information they can use for more profits. This alone should show Apple this is not the direction they want to be heading. Following Microshaft is never a good idea.


      Dear Tim Cook: Think Different! Let us each have the power to be our best. Allow us to switch to whatever we want. Be the company for the rest of us.
      (These words should all seem familiar, since they were all Apple's own slogans.)


      Allowing us to install 3rd party software without jailbreaking would also be nice, but I'm not expecting miracles, only your living up to Apple's own standards.
    1. savageone79's Avatar
      savageone79 -
      Should this happen? No. Should this be a lawsuit? ABSOLUTELY NOT! I agree that Apple should let people downgrade software versions. Maybe not easily but at least make it possible especially on older devices.
    1. Purple Minion's Avatar
      Purple Minion -
      Quote Originally Posted by savageone79 View Post
      Should this happen? No. Should this be a lawsuit? ABSOLUTELY NOT! I agree that Apple should let people downgrade software versions. Maybe not easily but at least make it possible especially on older devices.
      If a lawsuit gets Apple to allow users to downgrade, then I'm all for it!!! Apple clearly isn't listening to their customers. It's all about those mighty Benjamins.

      It's the same when people join together to form a union. It's not that they want to unionize. It's that they want management to listen to them. If a union or a lawsuit accomplishes what nothing else will, then the company deserves it.
    1. fleurya's Avatar
      fleurya -
      Quote Originally Posted by buttamix View Post
      If that's the case then every cellphone manufacturer company should be faced with this class action lawsuit
      That would be true is any other cell phone manufacturer on the planet provided software updates nearly as long as Apple. Few even go 2 years, some a year, and some provide no updates at all! I can't believe there hasn't been any lawsuits over that issue yet. I guess FanDroid are just too blindly in love with Google or their phone maker to cast a stone.
    1. Zokunei's Avatar
      Zokunei -
      I'm hoping they at least fix the Siri interface stutter on the 6 Plus in 9.2. It is surprising that a major update (iOS 9) with, like, 2 new features apart from "improved performance" reduces performance so much on last year's flagship model. Even the 6s Plus has some jittery animations!
    1. iamevl's Avatar
      iamevl -
      The problem is, downgrading will essentially allow a user to put a potential bug back onto their devices which may have been removed by the upgrade and this would also no doubt end in another 'class action' lawsuit. Plus on top of that, older firmwares are eventually not supported by app developers rendering the iPhone pointless causing yet more whinging from people.

      The way I see it Apple can't win - there's always someone who will complain about something they do - its the nature of the beast.
    1. Moneymikey's Avatar
      Moneymikey -
      Iphone 5s still in ios 7 here. It seems pretty clear to me that upgrading your phone with a large file is going to take up space and slow it down. Plus no one was forced to do the upgrade there are plenty of way around it.
      Also who the hell still has a 4 what do you expect!! You can practically get the 5 or 6 now for free with plan upgrade or a good sale at beat buy
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      imevl nailed it. Apple doesn't allow downgrades for two reasons:

      1. Security. When bugs are found in OS they update the OS to remove the security bugs. If people start getting viruses, adware on their iPhones, that's another lawsuit.

      2. Apps. Developers add more and more features to their apps using newer APIs which won't work on older OS.

      The user has full control on whether to upgrade the OS. Once done, there's no going back. Well they still have a couple of days until the signing window is open.
    1. xushi's Avatar
      xushi -
      The user does NOT have full control on whether to upgrade the OS. Sometimes something happens to the OS that warrants a restore, and then they have no choice but to be forced to upgrade to the latest version since you cannot restore an older version.

      Happened to me a few times.

      Add to the list the fact that older OSs are easily jailbreakable, and Apple might be trying to reduce that by forcing people onto the latest version.


      I have 2 x 4S that are suffering from this. Where do I sign up for the lawsuit?
    1. Answer1o1's Avatar
      Answer1o1 -
      Apple should just allow users to be able to downgrade if the new iOS runs like crap. I understand the phone is very out dated, but at the same time it's your property. Why should you be limited to what you can do with what you own? Let them downgrade. Easy fix.
    1. toyhaulerobs's Avatar
      toyhaulerobs -
      Easy fix...stop the OTA updates and preloading it in the devices that take up 1-2gig of space to make you update it. I hate the new pop up that shows in iOS 9. I don't want to download tonight or tomorrow or never for that matter. I'm good with what I have and I'm not jailbroken on my 6+.