Apple has agreed to an out-of-court settlement of a class action lawsuit filed by iPhone 4S owners whose devices became significantly slower after upgrading to iOS 9 in 2015. Each of the victims receives $15 from the manufacturer.
The class action lawsuit was filed in December 2015 after representatives of iPhone 4S owners in the US states of New York and New Jersey filed a complaint. The plaintiffs accused Apple of misleading consumers by claiming that installing iOS 9 speeds up supported devices, including the iPhone 4S. According to the plaintiffs, Apple misrepresented to consumers the compatibility of iOS 9 with the iPhone 4S – after installing the update, the performance of older devices decreased significantly.
One of the arguments against Apple was the advertising slogan of the updated platform: “The most advanced mobile platform. Now even more”. The company described new features for tablets and smartphones – the latter was promised “hidden optimization, [которая] brings you a more responsive experience”.
Under the terms of the out-of-court settlement, Apple has provided $20 million to compensate affected iPhone 4S owners in New York and New Jersey. To receive payments, consumers must “Produce a statement, under penalty of perjury, that they have iOS 9 or any version thereof on their iPhone 4S <..> have downloaded [который] showed a significant drop in performance and are therefore eligible for a payout of $15 per device.”.
A special application page will be created where device owners can fill out a form with their name, email address, home address and, if available, the iPhone 4S serial number.