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Lawsuit filed against Apple over iPhone 4s performance issues after iOS 9 update

Posted: , by Paul K.

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Lawsuit filed against Apple over iPhone 4s performance issues after iOS 9 update

Back when Apple announced iOS 9, the company stated that the new operating system would be compatible with a pretty generous list of devices. Indeed, the update was available for all iPhones, iPads, and iPods that had the A5 chip or above, which means every smart Apple product from 2011 onward. The company stated that the older iDevices would get a more “core” version of the system, with all the bling, bells, and whistles stripped down so that it would be fully functional on the aged iPhones and iPads.

After the iOS 9 update came about, there has been a number of user complaints over various support forums that the new software actually bogged down performance on their devices. Even iPhone 6s Plus users had some issues, but it seems those have been fixed with the consecutive 9.1 and 9.2 patches. However, many owners of the older iPhone 4s units still report that their handsets are now performing worse than before.

The drop in performance seems to be a growing pain for one Chaim Lerman and more than a hundred other individuals who have brought a class action lawsuit against Apple in New York court. The plaintiff claims that, after the update, their iPhones are slower, no longer functioning normally, and the users feel forced to go out and “spend hundreds to buy a new phone”.

The complaint continues to list various quotes from Apple marketing campaigns, which all claim that iOS 9 is faster, smoother, and more responsive. According to the plaintiff, this is a deceptive practice, as these statements were not true in his experience. Further more, the complaint claims that Apple must have been aware of the potential performance drops that iOS 9 may cause for iPhone 4s owners, but purposefully chose to not inform its users of them. And, of course, there is the issue with users being unable to revert back to an earlier, more stable version of iOS.

The plaintiff demands an award of $5 million and a court order requiring Apple to correct its advertisements and disclaimers. As of yet, Apple has not replied, and no hearing has been set.

Are there any older iPhone owners out there? How's your device doing with iOS 9?

source: Complaint via PhoneDog

105 Comments
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posted on 30 Dec 2015, 03:58 53

1. rick_mobile (Posts: 198; Member since: 13 Dec 2010)


They are just trying to force them to buy a new iPhone. They don't really want to support the 4s, duh.

Welcome to iOS, where the operating system IS the virus...
*grabs popcorn*

posted on 30 Dec 2015, 04:21

5. techperson211 (Posts: 1163; Member since: 27 Feb 2014)


Fruity should know it better that these new software will kill old devices. They see this coming and yet they've done nothing.

posted on 30 Dec 2015, 05:06 13

26. aBoss (Posts: 91; Member since: 15 Sep 2014)


Luckily Android is open source and you can switch to different versions of the OS easily.

I hope Apple loses and has to pay all the iPhone 4s users $$$ for ruining their capable devices.

posted on 30 Dec 2015, 05:23 9

29. sgodsell (Posts: 3060; Member since: 16 Mar 2013)


They will loose. Because Apple was still selling their old junky iPhone 4s in 2014. So if a user bought one in 2014, then Apple will be held responsible and have to pay. Apple creates its own problems. Apple s all about record profits. Just look at the prices of their watch. Greedy Apple. But then again I found that Apples users are not that Swift. They are willing to pay top dollar for a mid range display on the latest iPhone 6s.

posted on 30 Dec 2015, 04:28 7

10. BradyCrack (Posts: 435; Member since: 29 Dec 2015)


Welcome to android, where we don't even support phones 2-3 Years of age with new updates

posted on 30 Dec 2015, 04:47 14

17. xondk (Posts: 1132; Member since: 25 Mar 2014)


I've gotten plenty of support even with older rooted devices as long as it is general support, and no one really provides full support on electronics that old, add that you can always even if the creator isn't sending out new updates, rooting or updating your phone on your own is very simple.

It is quite common practice in terms of hardware and software to leave a product with last functioning software/firmware versions if future stuff cannot be added, and then leave it to the user to mod if they want more modern features.

'updating' an old product and then have it suddenly drop significantly in performance, is bad practice with no reason other then making people frustrated and get them to update, so yeah....lawsuit is a good thing in this case, to make Apple stop that practice.

posted on 30 Dec 2015, 11:14 3

70. j2001m (Posts: 2755; Member since: 28 Apr 2014)


Also unlike Apple if I need like Apple Music all google services and apps are updated without an OS update, but you can easy install an auto easy rom install that's like installing an app if needed

posted on 30 Dec 2015, 05:01 36

22. SenorThrottles (Posts: 216; Member since: 23 Dec 2015)


I'd rather have a phone with outdated software but works well, than a phone with the latest update, but runs badly

posted on 30 Dec 2015, 05:36

34. BradyCrack (Posts: 435; Member since: 29 Dec 2015)


I can understand that.

posted on 30 Dec 2015, 11:22 6

71. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


Makes perfectly good sense, except ot an iPhone users who brags about updates that lag their phones.

I dont have a 4S, I have the 4 so I can get 8 or 9. But I have 7.1 or something. It is slow and laggy but I dont care because its nto activated. I use it solely as an iPod and I install some old 80's games I love.

This isn't the first time Apple was sued for such.

What is funny is that 2 year old Android can run latest Android updates very well. The Nexus 4 for example, runs Lollipop with no issue.

Samsung's own Galaxy S4 with Lollipop runs great.
https://www.youtube.com/watch?v=LbIRPueObYo

Speed test S4 vs S6 Edge w/lollipop.
https://www.youtube.com/watch?v=T3DtkC6IVvI

The S4 obviously is goign to be slower since its 2 years old. But its not lagging. Its just slower be default.

posted on 30 Dec 2015, 15:58 1

92. stanislav (Posts: 131; Member since: 22 Sep 2014)


You know that the phones you compare are from the age of iPhone 5s, not 4s right ?
Retard

posted on 02 Jan 2016, 09:17 1

105. JocM0402 (Posts: 1; Member since: 02 Jan 2016)


Before calling anyone a retard, please read some info on the internet and make sure to keep it on your head. I'm running Android 6.0 Marshmallow that came out recently on my SAMSUNG GALAXY S PLUS, codename GT-I9001, and it's running nice and perfect, even better than when I had Android 5.1.1 Lollipop. No lag, no issues, everything's fine.

posted on 30 Dec 2015, 05:59 17

38. EcoCare (Posts: 354; Member since: 30 Jul 2014)


I'd take outdated yet still fast and usable OS, thanks.

posted on 30 Dec 2015, 08:05 3

53. MrElectrifyer (Posts: 1887; Member since: 21 Oct 2014)


The Nexus line and my OnePlus One doesn't fit into that generalization...regardless, everything iOS calls new in their updates are usually ancient features that have long been on Android devices or can be installed from the PlayStore.

iOS 9's "what's new" list is no exception:
http://www.apple.com/ios/whats-new/

posted on 30 Dec 2015, 09:01 1

59. Sidewinder (Posts: 393; Member since: 15 Jan 2015)


But you do get a choice atleast. Marshmallow 6.0.1 based aosp roms run smoothly on ageing hardware like that of the s3 and s4.

posted on 30 Dec 2015, 05:33 2

33. GreenMan (Posts: 754; Member since: 09 Nov 2015)


This would have been a tad bit more appropriate:

Android Fans rejoice as Lawsuit filed against Apple over iPhone 4s performance issues after iOS 9 update

You know, just saying...

posted on 30 Dec 2015, 07:41

49. joey_sfb (Posts: 5242; Member since: 29 Mar 2012)


5 secs later.... Case dismiss!!

posted on 30 Dec 2015, 10:48

67. zeeBomb (Posts: 1728; Member since: 14 Aug 2014)


If y'all watch everything apple pro's videos on the iOS device comparison you can see the slight regression of performance.

posted on 30 Dec 2015, 11:37

76. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


Its not slight. Every iPhoen users has attested to the fact the iPhone 4/4S ran better with iOS 5 and 6 vs 7, 8 or 9 where they apply...in this case the iPhone 4S.

posted on 30 Dec 2015, 20:24

101. Acer_Predator (unregistered)


I don't know I have just updated mum's
iphone 4s and all is OK.. well wifi and bt gone on it she has no any third party apps on it only stock apps and all ok..

posted on 30 Dec 2015, 03:58 1

2. SYSTEM_LORD (Posts: 305; Member since: 05 Oct 2015)


I guess I'm waiting for all those people who claim Apple is so great at software, to come and explain how their updates manage to screw up their phones just as much if not more than Android handsets...

posted on 30 Dec 2015, 04:15 15

3. TyrionLannister (unregistered)


You are stupid if you think a 4 year old device will run the OS properly. And you are more stupid if you file a case for that.

I agree that iOS 9 isn't the most optimised OS of all. But this is reckless. If Apple doesn't support a device, people go mad; and if it does, people go mad.

posted on 30 Dec 2015, 04:23 44

8. techperson211 (Posts: 1163; Member since: 27 Feb 2014)


You can't blame people to update their devices as fruity claims it will be much faster and added new features. False advertisement is to be blame here.

posted on 30 Dec 2015, 09:49 2

65. insyt (Posts: 49; Member since: 16 Sep 2015)


The real problem is the crappy hardware, especially the limited ram. The people that buy iPhone's think it has stellar specs due to the price and hence expect it to last long and be constantly updated. Apples marketing might finally be catching up with them when it comes to the middle class.

posted on 30 Dec 2015, 12:06 1

83. j2001m (Posts: 2755; Member since: 28 Apr 2014)


They needed to do that so they can offer Apple Music and so on and so they can make cash from apps

posted on 30 Dec 2015, 12:30 1

86. k4ever (Posts: 150; Member since: 08 Oct 2014)


It's just bragging rites and stock manipulation for Apple. Every time a new version of iOS is released, Apple rushes to the press to bragg about the percetntage of users they tricked into updating. Apple could care less about its customers.

posted on 30 Dec 2015, 04:33

13. Diezparda (Posts: 823; Member since: 23 Oct 2013)


They better don't give an update if it will kill the device. Recently i try to update my iPod 5th to 9.2 and bettery life become worsen, from 4/5 days standby time down to single day after light usage. I try to turn on the device but it won't, i must connect to electrical source and battery indicator show about 30/40 percent still left. :(

posted on 30 Dec 2015, 04:42 7

15. RajRicardo (Posts: 372; Member since: 28 Feb 2014)


Well then why not allow them to downgradE? Users themselves hate the new update and they should be allowed to downgrade to a much stable older firmware. In android you can chose the version that better suits your device and doesnt bog down its performance. I still run kitkat on my Z3 since the latest lollipop update kinda messed up its battery life.

posted on 30 Dec 2015, 04:52 1

20. xondk (Posts: 1132; Member since: 25 Mar 2014)


then they won't buy a new device?

posted on 30 Dec 2015, 05:02 2

23. SenorThrottles (Posts: 216; Member since: 23 Dec 2015)


Apple shouldn't be using software to force people to upgrade in the first place.

posted on 30 Dec 2015, 04:52

19. xondk (Posts: 1132; Member since: 25 Mar 2014)


As long as the minimum specs are met, they should work fine, however problem is marketing more then anything else.

They trumpet 'faster' 'better' and whatnot, yet it isn't so on the older devices.
Though you'd think with Apple's locked down system, they'd simply check what they are being installed on and install it with a preset that makes sure to run as light as possible on older devices, disabling unneeded 'fluff'

posted on 30 Dec 2015, 05:26

31. darkkjedii (Posts: 19412; Member since: 05 Feb 2011)


Good post.

posted on 30 Dec 2015, 06:42

44. ibend (Posts: 3167; Member since: 30 Sep 2014)


actually they can just change some icon and wallpaper from iOS8, slap those new live wallpaper and call it iOS9.. I believe all iPhone4s will be happy that way, lol

posted on 30 Dec 2015, 08:10 1

54. MrElectrifyer (Posts: 1887; Member since: 21 Oct 2014)


That's not the problem here, fukn Apple doesn't allow you to install an iOS version of your choosing. Once you install the malicious update, there's no going back. That's literally planned obsolescense.

I'm fine with them not supporting old devices, but at least let me install/restore whichever iOS version suited my desires, whenever I want. That shouldn't be their decision to make.

posted on 30 Dec 2015, 11:29 1

73. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


The Galaxy S 4 does.https://www.youtube.com/watch?v=T3DtkC6IVvI
https://www.youtube.com/watch?v=LbIRPueObYo

Technically the iPhone 4S is not 4 years old. It was released in 2011/12. Making it 3 years old depending on where you live.

But its only its not our fault Apple ran the 4 for 2 years back to back or the 5 for 2 years and the 6 for 2 years. No one else does that.

Technically because this is a 4S and we are now on the 6S, its technically 2 years old based on numbers 6 - 4 = 2.

You don't get to excuse Apple for using the same hardware 2 years in a row. The iPhone 4/4S share identical hardware. Its the same exact CPU, only clocked higher.

Also this is not the first time Apple was sued for this. A woman in Cali sied Apple after she updated her iPhone 4 to iOS 7 and it has the same issues which prompted the 7.1 update which didnt help and the fact you cant go back which is wrong.

if you install software that doesn't work, you should be able to revert back. Every version of Windows and even Android allows this except on Verizon which is why I left them and also a reason I dont by Apple iPhone's.

I want to buy a new phone because I want it, not because i am force too because APple tries to shove on firmware that si poorly tested runs like crap hoping you buy a new one.

http://www.pcworld.com/article/209713/California_woman_sues_Apple_over_iPhone_iBrick_upgrade.html

posted on 30 Dec 2015, 11:34

74. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


Her phone was a 3GS, upgrade to iOS 4. Honest mistake.

posted on 30 Dec 2015, 21:34

103. TyrionLannister (unregistered)


iPhone 4 and 4S don't have exact same hardware. 4S is a dual core, 4 is single core. 4S also has twice the RAM.

posted on 30 Dec 2015, 11:39 1

77. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


You're stupid! If the device isn't capable of running the OS, then Apple shouldn't be releasing it.

It's that simple. Apple doesn't give a crap because they knwo it will push the dumb users to buy a new phone. While a smart user will sue.

http://www.pcworld.com/article/209713/California_woman_sues_Apple_over_iPhone_iBrick_upgrade.html

posted on 30 Dec 2015, 11:50 1

82. TechieXP1969 (Posts: 7838; Member since: 25 Sep 2013)


Really? Apple is still sellig the phone as new in 2014. Are you not aware?
Again how is it you guys work so hard to defend Apple?

$ year old phone? Really? Its only 2 models old.

posted on 30 Dec 2015, 04:18 20

4. iampun33t (Posts: 69; Member since: 17 Apr 2013)


Finally..!! I truly wished for a long time that people get together and sue Apple's lying little ass..!!

Apple truly deserves to be sued, more over, they deserve to lose and correct their tactics..!!

In each and every Apple event, they are proud to shout out that unlike Android iOS has little to no fragmentation. They proudly say that all iOS users are running the current, the best, the blah and the blah build of iOS..!! What they conveniently fail to inform their user base, the update is absolutely worse than the current build, in performance and is a stripped down, no good build, in terms of features. It is time someone took some action against such tactics by these Autocratic Corporations, like Apple.

posted on 30 Dec 2015, 04:32 1

12. BradyCrack (Posts: 435; Member since: 29 Dec 2015)


What? At least it actually tries to give older devices a chance. Android doesn't even support phones 2-3 years old. Also, what do you expect on a aging iPhone 4? Of course it's going to have issues.

posted on 30 Dec 2015, 04:38 13

14. RebelwithoutaClue (Posts: 2631; Member since: 05 Apr 2013)


Get at least your facts straight. Android/Google does support older phones, it's the manufacturers that decide not to support older devices. And there are a few that do.

posted on 30 Dec 2015, 04:49

18. BradyCrack (Posts: 435; Member since: 29 Dec 2015)


What?

posted on 30 Dec 2015, 05:03 1

24. AlikMalix (Posts: 4830; Member since: 16 Jul 2014)


I think that's what he meant, Android cannot support itself (it's like saying iOS supports new iOS) it makes no sense.. he meant Android manufacturers... and to be honest even IF it only takes a few months - it's still damn long time... Half of my friends that own android devices finally get happy about update available usually weeks before android about to release the next version, other half longer than that...

posted on 30 Dec 2015, 07:42 3

50. RebelwithoutaClue (Posts: 2631; Member since: 05 Apr 2013)


Even if he meant manufacturers, there are some who update 2-3 year old models. And some even longer (like the Nexus program). Saying Android in general doesn't support older models is just trolling (to be fair iampun was trolling too). Most of my friends who own an Android device (like 80%) don't even care about updates. Most of them don't even check for updates and they buy a new model every 1/2 years anyway.

posted on 30 Dec 2015, 17:06 2

95. Diezparda (Posts: 823; Member since: 23 Oct 2013)


I don't care much about an update, both Android and my iDevice (yes i recently update my iPod but that's cause i can't install few apps if i stayed with 7, the turth is i'm afraid if it'll ruin my device).

What people want is stable os, only nerd care about getting the latest.

posted on 30 Dec 2015, 05:07 9

27. SenorThrottles (Posts: 216; Member since: 23 Dec 2015)


Well flagships generally get 2 years of support. Also, giving an old device the latest software is pretty pointless if it will result in the phone running even worse than before. If Apple knows that the phone won't be able to support the software, then they should just stop updating it.

posted on 30 Dec 2015, 05:15 1

28. iampun33t (Posts: 69; Member since: 17 Apr 2013)


1. Android is an OS. How does an OS support an OS?

2. Google and other Developers do support older models with AOSP/CM etc. That have all new features. I have Samsung Galaxy S2 that is more than 4 years old. Its running Android 5.1 via CM. Its smoother and better than Samsung left it, with all features of Lollipop. Not some s**tty ass, stripped down version of Android Lollipop, but full, with all features. So older models are still supported in Android.

3. Apple has its system so locked down that if the Mighty Apple decided you're not worth it then its the end of the road for you. Also, you are forced to update on iOS. You cannot downgrade. Also what you get in the "Latest Update" is not even half of the "Latest Update" for "Latest iPhone".

posted on 30 Dec 2015, 05:57

37. lolatfailphones (Posts: 189; Member since: 08 Apr 2013)


Yes everyone should root and void their warranty cuz its smart

posted on 30 Dec 2015, 07:18 2

48. buccob (Posts: 2490; Member since: 19 Jun 2012)


Warranty? After +2 years of support?

posted on 30 Dec 2015, 07:43 1

51. RebelwithoutaClue (Posts: 2631; Member since: 05 Apr 2013)


In a lot of countries root doesn't void warranty

posted on 30 Dec 2015, 08:26

56. MrElectrifyer (Posts: 1887; Member since: 21 Oct 2014)


Rooting doesn't void my OnePlus One's warranty, neither does it void the warranty of Sony and some other OEM devices...get your facts straight.

posted on 30 Dec 2015, 06:37

41. elitewolverine (Posts: 5006; Member since: 28 Oct 2013)


You are no longer under the support of the OEM via root, might as well tell this guy with the 4s that he should jailbreak it...

posted on 30 Dec 2015, 08:32 1

57. MrElectrifyer (Posts: 1887; Member since: 21 Oct 2014)


I still got full support from OnePlus and the community with my rooted OnePlus One. Sony and some other OEMs too officially provide support for rooted devices.

BTW, jail breaking doesn't give you the freedom to downgrade your OS, that's pointless...apple needs to remove the nonsense OS installation restrictions.

posted on 30 Dec 2015, 09:04

60. ph00ny (Posts: 1126; Member since: 26 May 2011)


Providing root access doesn't mean you're officially under the support of the manufacturer. Read the fine prints

posted on 30 Dec 2015, 09:20 1

61. MrElectrifyer (Posts: 1887; Member since: 21 Oct 2014)


Take your own advice and read the fine prints:

https://oneplus.net/ca_en/support/answer/will-rooting-or-unlocking-the-bootloader-void-my-warranty

posted on 30 Dec 2015, 10:39 1

66. Xperia14 (Posts: 302; Member since: 01 Sep 2015)


My Xperia Z got great support from Sony..

posted on 30 Dec 2015, 06:37 2

42. bucky (Posts: 2444; Member since: 30 Sep 2009)


We're talking about a few hundred people out of how many 4s owners? While I think the updates slow things down a bit, it by no means kills the phone. My moms 4s still runs pretty damn good on the newest software.

To me, this is a case of expecting to much from a 4 year old phone after seeing the newer stuff out.

posted on 30 Dec 2015, 12:16 2

84. j2001m (Posts: 2755; Member since: 28 Apr 2014)


I think you missing the main thing, you say a 4 year old phone, but the problem is that like 2 year on android when you look at spec changes. I.e. Apple only update there tech in a big way 1 time per 2 years so it's more easy to update the software over that number of years, that and they control the hardware and software side of things

posted on 30 Dec 2015, 13:18

87. j2001m (Posts: 2755; Member since: 28 Apr 2014)


I.e. The iPhone 4s is the same phone inside as the iPhone 5 apart from the bigger screen and new look, the iPhone 5s the same thing again with the iPhone 6 I.e. Same phone but bigger screen new look

I.e. Get back to me when the iPhone 4s is updated to ios10

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