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

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

Related phones

iPhone 4s
  • Display 3.5" 640 x 960 pixels
  • Camera 8 MP / 0.3 MP VGA front
  • Processor Apple A5, Dual-core, 800 MHz
  • Storage 64 GB

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105 Comments

1. rick_mobile

Posts: 358; Member since: Dec 13, 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*

5. techperson211

Posts: 1280; Member since: Feb 27, 2014

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

26. aBoss

Posts: 164; Member since: Sep 15, 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.

29. sgodsell

Posts: 6585; Member since: Mar 16, 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.

10. BradyCrack

Posts: 835; Member since: Dec 29, 2015

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

17. xondk

Posts: 1904; Member since: Mar 25, 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.

70. j2001m

Posts: 3060; Member since: Apr 28, 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

22. SenorThrottles

Posts: 284; Member since: Dec 23, 2015

I'd rather have a phone with outdated software but works well, than a phone with the latest update, but runs badly

34. BradyCrack

Posts: 835; Member since: Dec 29, 2015

I can understand that.

71. TechieXP1969

Posts: 14967; Member since: Sep 25, 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.

92. stanislav

Posts: 136; Member since: Sep 22, 2014

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

105. JocM0402

Posts: 1; Member since: Jan 02, 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.

38. EcoCare

Posts: 444; Member since: Jul 30, 2014

I'd take outdated yet still fast and usable OS, thanks.

53. MrElectrifyer

Posts: 3960; Member since: Oct 21, 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/

59. Sidewinder

Posts: 515; Member since: Jan 15, 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.

33. GreenMan

Posts: 2667; Member since: Nov 09, 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...

49. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

5 secs later.... Case dismiss!!

67. zeeBomb

Posts: 2318; Member since: Aug 14, 2014

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

76. TechieXP1969

Posts: 14967; Member since: Sep 25, 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.

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..

2. SYSTEM_LORD

Posts: 1168; Member since: Oct 05, 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...

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.

8. techperson211

Posts: 1280; Member since: Feb 27, 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.

65. insyt

Posts: 52; Member since: Sep 16, 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.

83. j2001m

Posts: 3060; Member since: Apr 28, 2014

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

86. k4ever

Posts: 240; Member since: Oct 08, 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.

13. Diezparda

Posts: 941; Member since: Oct 23, 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. :(

15. RajRicardo

Posts: 478; Member since: Feb 28, 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.

20. xondk

Posts: 1904; Member since: Mar 25, 2014

then they won't buy a new device?

23. SenorThrottles

Posts: 284; Member since: Dec 23, 2015

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

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