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Home / News / Apple hit with lawsuit over sluggish iOS 9 performance on older devices

Apple hit with lawsuit over sluggish iOS 9 performance on older devices

No devices were cut from this year's upgrade, but some users don't appreciate the gesture

Apple is one of the largest and most successful companies on the planet, which makes it an especially notable target for questionable legal complaints – of which there have been many over the years.

Here’s another one. When iOS 9 released this autumn, Apple decided not to cut any old devices from its upgrade list, which was a change of pace – that meant the iPhone 4s would receive the update, along with the iPad 2 and iPad Mini. But not everyone thinks that was such a good idea.

According to AppleInsider, a class action suit filed in New York district court in the United States alleges that Apple falsely advertised the benefits of iOS 9 for older devices, as they found their older phones running slower and crashing following the update. And because they couldn’t downgrade after the fact, they were stuck with what they believed was a misleading upgrade.

The 100+ iOS device users who are part of the class so far are seeking more than US$5 million in damages for their distress, with the possibility of that amount rising. If the lawsuit continues, the class action status means that a much larger group of people could be invited to benefit from any potential payout or settlement.

Tech-inclined readers will surely read this and scoff at the absurdity of the request. Of course an older device won’t run perfectly with brand new software, and surely there will be bugs with any first releases of a software version. It reminds us of the iOS 8 storage lawsuit that was eventually tossed: not every minor issue needs to be legislated over.

Then again, not everyone is a hardcore gadget nut, and it’s entirely possible that these people had realistic expectations that weren’t met. Or they’re trying to exploit the legal system to make a little bank at Apple’s expense. In any case, it’ll have to run its course – if we hear anything more down the line, we’ll let you know.

[Source: AppleInsider]

Profile image of Andrew Hayward Andrew Hayward Freelance Writer


Andrew writes features, news stories, reviews, and other pieces, often when the UK home team is off-duty or asleep. I'm based in Chicago with my lovely wife, amazing son, and silly cats, and my writing about games, gadgets, esports, apps, and plenty more has appeared in more than 75 publications since 2006.

Areas of expertise

Video games, gadgets, apps, smart home