Dallas lawsuit takes on Apple over iPhone slowdown

Texas lawsuit filed over slow iPhones

DALLAS -- Three plaintiffs from North Texas have filed a class action lawsuit against Apple over the performance of their iPhones.

The suit, filed this week in federal court, accuses Apple of negligent misrepresentation and fraudulent omission, stemming from the revelation that Apple introduced code to slow down the performance of iPhones to compensate for chemically aging batteries.

"I thought it was maybe apps that I had put on it or pictures," said Chris Spearman, one of the plaintiffs. 

Spearman said he's had iPhones for years, and he said he had noticed that his battery was dying and his phone slowing down. He said he's bought new iPhones and chargers because of it.

"I've already bought three phones from having the battery drain quicker," he said.

His suit seeks to represent iPhone owners across Texas. It's one of the dozens of lawsuits that have been filed against Apple over the issue of iPhone performance.

The suit was submitted by attorneys from Dallas-based Johnson Pratt PLLC.

"There are millions of iPhones out there," said Robert Gifford, Spearman's attorney. "It's a very big exposure that Apple has.

Gifford said potential damages could include money that plaintiffs spent to purchase battery accessories, chargers or new phones, as well as any damages incurred from malfunctioning devices.

Apple has faced sharp criticism over code that the company says was intended "to avoid unexpected shutdowns" on iPhones with chemically aging batteries.  The code was included in recent iOS software updates, but it not disclosed to consumers.

Yesterday, Apple apologized and offered discounted battery replacements.

"What this is is misleading advertising," said Gifford.

Spearman says he wants Apple to make it right, and while he has lost trust in the company, he would still buy an iPhone.

"I would stick with the Apple product, if we could find out what's going on with the slowness and the battery issues, and everything like that," he said.

© 2018 WFAA-TV


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