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Apple Hit With Class Action Lawsuit After Admitting To Slowing Down Old iPhones (appleinsider.com)

An anonymous reader quotes a report from Apple Insider: A day after Apple acknowledged slowing down iPhones with degraded batteries, a Los Angeles man is pursuing a class action lawsuit in the matter. Owners didn't agree to the prospect, and it hurts the devices' value, according to a filing by plaintiff Stefan Bodganovich, cited by TMZ. The case is said to be particularly concerned with the impact on iPhone 7 users. The suit asks that Apple stop throttling older devices, and pay compensation to affected people. Over the course of December, a number of people on Reddit and elsewhere have speculated that iPhones perform faster after battery replacements, mostly citing anecdotal evidence. Apple effectively confirmed that situation on Wednesday, but with the provision that it only throttles phones to prevent sudden, potentially damaging shutdowns. UPDATE: A second lawsuit has been filed against the company. Chicago Sun-Times reports "five customers have filed a federal lawsuit in Chicago against the tech giant for what they're calling 'deceptive, immoral and unethical' practices that violate consumer protection laws."

31 of 244 comments (clear)

  1. Buy a newerer fasterer one by Mr+D+from+63 · · Score: 5, Insightful

    Slow down old phones, customers see how much faster the new ones are....profit!

    1. Re:Buy a newerer fasterer one by torkus · · Score: 5, Interesting

      I also have to wonder if this was partly in response to the battery issues they had with the 6-series (or 6s, i forget) where they'd get unexpected shutdowns and battery capacity under ~40% was a complete crapshoot. I had one and regularly saw the phone power off at 20% battery...or go from 30 to 5 and then power off and back to 40% when powered back on.

      My guess is iffy battery performance messed up their capacity algorithms when it couldn't handle minor spikes in power due to CPU...so they basically just cut out the spikes in CPU to avoid further need of replacing batteries. And from there...it becomes a logical step to apply this to any device which might have anything similar happen. A slower phone is easier to accept than one which powers off somewhat randomly after all.

      I'd put my money on them being linked. It was a business decision to help limit battery replacement...and a "good idea" spread it to all devices.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    2. Re:Buy a newerer fasterer one by jellomizer · · Score: 4, Insightful

      I expect it is. However I don't expect the Class action to win. This seems that Apple was doing its best to extend the life of older devices vs trying to shorten it. Could they have done better? Yes. They could have given an option to turn such a feature on or off, Set a notification that the battery is no longer optimal... Have a little more press in getting a battery fix for older phones, as it is possible....

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Buy a newerer fasterer one by blackomegax · · Score: 2

      The consumer friendly option would have been a statement: We shipped a few batteries that are shorting voltage under high load and have issued a patch. If your battery is effected, please come in for a free replacement to restore performance.

    4. Re:Buy a newerer fasterer one by TheFakeTimCook · · Score: 4, Informative

      I also have to wonder if this was partly in response to the battery issues they had with the 6-series (or 6s, i forget) where they'd get unexpected shutdowns and battery capacity under ~40% was a complete crapshoot. I had one and regularly saw the phone power off at 20% battery...or go from 30 to 5 and then power off and back to 40% when powered back on.

      My guess is iffy battery performance messed up their capacity algorithms when it couldn't handle minor spikes in power due to CPU...so they basically just cut out the spikes in CPU to avoid further need of replacing batteries. And from there...it becomes a logical step to apply this to any device which might have anything similar happen. A slower phone is easier to accept than one which powers off somewhat randomly after all.

      I'd put my money on them being linked. It was a business decision to help limit battery replacement...and a "good idea" spread it to all devices.

      If anyone would bother to read, they would already KNOW that Apple has already explained that this is in response to the 6/6s "premature shutdown" issue.

      Apple explained that, as LiOn batteries age, and as the charge level depletes, they become less capable of being able to deliver energy SURGES when processing/graphics demands them. This is a fact of physics, and nothing Apple (or anyone) can really control. So, in iPhones, this was causing the power-management hardware/software to essentially "panic" and shut down the phone before the gross-charge-level was showing a low-batt. situation.

      So, Apple decided to, under those circumstances, "spread-out" the current-spikes, by temporarily rearranging some low-level timing in the OS. The actual goal of this software update was to EXTEND the useful life of the phone's batteries, NOT to "make an old device slower to boost sales of a replacement".

      Apple contends (and probably rightly), that you would most likely NOT see these brief slowdowns under normal use; but that benchmark testing reveals them, due to the exceptionally-high-and long-term-demands those types of tests place on the system.

      https://techcrunch.com/2017/12...

      tl;dr

      Nothing to see here, take off your tinfoil hat and move along.

    5. Re:Buy a newerer fasterer one by TheFakeTimCook · · Score: 2

      Here's an idea which actually helps customers:
      Offer a battery replacement at approved locations with the customer only paying for the price of a new battery. I would take my phone there, have the battery replaced, pay for the new battery and off I go.
      Customers are happy.

      Note: I don't own anything Apple-related and I probably never will.

      Apple already offered a bunch of 6 and 6s owners FREE battery replacements, so there.

      And even regularly, Apple only charges $79 to replace an iPhone battery out-of-warranty, INCLUDING the battery ($99 for an iPad, other product-lines vary) !!!

      https://www.apple.com/batterie...

    6. Re:Buy a newerer fasterer one by Anubis+IV · · Score: 2

      Actually, I'd suggest that this is more accurately viewed as a speed improvement, not a slowdown. I know, I know, it sounds weird, but hear me out.

      Prior to this fix, the affected phones weren't necessarily capable of supplying sufficient voltage during peak demand, so they would simply shut down spontaneously sometimes (potentially corrupting data in the process), resulting in a 100% reduction in performance. As such, while the peak performance of these phones may now be lower than what it was when they were brand new, it's still a marked improvement over the 100% reduction that they suffered under those same conditions prior to the fix.

      This isn't a choice between a slower phone with more battery life on a single charge vs. a faster phone with less battery life on a single charge. This is a choice between a phone that is operational and one that isn't. While it'd be nice if such a feature wasn't necessary, the fact is that Apple made the right choice in this matter, and that by doing so they have actually prolonged the useful lifespan of these phones by allowing them to remain operational in situations where previously they wouldn't have been.

    7. Re:Buy a newerer fasterer one by shanen · · Score: 2

      If I ever saw a mod point I'd add a "Funny" to acknowledge the format of your reply. Then again, I'm pretty sure I wouldn't have squandered an "Insightful" mod, even if brevity is the soul of wit. As of my writing, when the story is already about to fall off the Slashdot front page, there are no comments moderated "Funny", even though I think the target was juicy for jokes, and most of the "Insightful" comments were barely at best.

      To me the main insight in this topic is something along the lines of "Why would anyone be surprised that Apple would abuse its monopoly position to increase its profits?"

      Not sure if it represents some sort of insight, but I also wonder if there's an interesting parallelism here? Something about closed worldviews? Within AppleWorld, the most 'dangerous' competitors are old iPhones, while within TrumpWorld, the most 'dangerous' things are facts.

      However, mostly I feel like it's additional evidence for an old insight: Capitalism is deader than communism. What America has now is corporate cancerism. There is no gawd but profit, and Apple is gawd's #1 prophet.

      Damn the lawyers, full speed ahead! Unless your battery is getting old.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    8. Re:Buy a newerer fasterer one by antdude · · Score: 2

      I saw this happen with my old used iPhone 4S with its original battery. I had almost 10% battery left, and iOS v9.x asked me to put low power mode. I told it to go to low power mode. And then it shut down. I think it was running PokeMon Go app when it was popular. :P

      Back in the summer, I used a portable external battery charger wih it, and noticed iOS v9.3.5's power usage went up a few percentage very fast when connected for a minute. It doesn't seem to read the battery correctly.

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  2. Unsurprising by AmiMoJo · · Score: 2, Interesting

    If you bought a new phone because the old one got slow, when all you needed was a new batter costing 1/10th as much even at Apple's official service charges, you were tricked into wasting a lot of money.

    --
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    1. Re: Unsurprising by Bing+Tsher+E · · Score: 5, Insightful

      I would prefer to be notified so I can make an informed choice. Not have my iGadget mysteriously degrade performance in a time period when it would encourage me to buy a new unit. Perhaps it should prompt for three choices:

      1. Accept performance degradation.
      2. Accept reduced battery life.
      3. Come in to replace battery.

    2. Re: Unsurprising by MachineShedFred · · Score: 4, Interesting

      You are assuming those are the choices. Batteries that age put out less voltage throughout the discharge. If the voltage supplied to the CPU isn't sufficient to run it at full power, you get random reboots, corrupt data, etc.

      Lower the CPU power, increase tolerance of lower voltage, increase stability of the whole device. So, how about this choice:

      1. Accept performance degradation.
      2. Have a phone that is unstable, rebooting when power draw is highest (phone calls) and possibly fucking over your data
      3. Have a battery service.

      I agree that Apple should have done some notification to the user when this "limp mode" was engaged, but a lot of people are preening about it being some kind of nefarious marketing scheme to get people to buy new phones, when it could just be an honest attempt to maintain stability on an aging device to keep existing customers happy. The proper move probably would have been to throw a notification that your iPhone is in need of a battery service, click here to schedule one, etc.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    3. Re: Unsurprising by torkus · · Score: 4, Interesting

      I'd hope folks on /. would know the CPU is absolutely not running at battery voltage, much less directly off the battery.

      Lowering the CPU power prevents spikes in battery drain. Since batteries are less efficient at higher current draws, this still makes sense but not how you explain it.

      Also, engaging 'limp mode' and notifying the user is likely a very bad idea. Limp mode is very likely a momentary (though frequent) throttling of the CPU - or more exactly, it DOESN'T throttle the CPU up and engage more cores when a higher load is presented. Modern CPUs bounce frequency and multiplier and cores around constantly...so you'd get as much as a few pop-ups a second. So much for improving battery life.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
  3. SERIOUS QUESTION... by Anonymous Coward · · Score: 5, Interesting

    Does the slow-down also happen when the phone is plugged into the wall?

    If yes, then this lawsuit has a huge case here! Still, it should be noted in the manual at the minimum of this 'feature'.

    1. Re:SERIOUS QUESTION... by Anonymous Coward · · Score: 3, Informative

      Contrary to nerds' beliefs, judges and juries are allowed (encouraged!) to infer motives from actions, and allowed to conclude that you're a fucking liar when you try to claim this was simple incompetence on your part. "Cui bono?" is a real thing that gets asked all the time.

      People and companies regularly lose legal cases where they never explicitly confessed to some offense, and if If Apple's best defense is "We'll just perjure ourselves!", they're in for a world of hurt.

    2. Re:SERIOUS QUESTION... by MachineShedFred · · Score: 2

      The phone doesn't run off mains power when plugged into the wall. It still runs from the battery, and the battery charger circuit is running to fill the battery. Two separate loops.

      If the battery cannot deliver the voltage necessary for the phone to run at full power with full stability, they would still need to throttle it in order to have an acceptable user experience.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    3. Re:SERIOUS QUESTION... by karnal · · Score: 2

      In order to charge a battery, the charger needs to provide higher voltage to put in current - otherwise, no charging occurs. Even with a "separate" loop, you'll have a higher potential (voltage) at the terminals when charging/plugged in; ergo a higher voltage provided to the phone even if the battery is degraded. This higher voltage will be slightly higher than the peak nominal voltage of a "fresh" battery, so it should trigger higher performance if the phone is just looking at a simple voltage state.

      --
      Karnal
  4. Re: Make Energy... by Anonymous Coward · · Score: 2, Insightful

    He's the original boob and this was probably his idea.

  5. No fan of apple but... by thegarbz · · Score: 3, Insightful

    This is retarded. There's clear reasons why someone would potentially want this feature. The suit shouldn't request they stop doing it, but rather make it optional and put it in control of the user.

    Full disclosure: Typing this on a laptop which gives me the choice of performance or battery life in the power settings.

    1. Re:No fan of apple but... by Baron_Yam · · Score: 4, Insightful

      >This is retarded. There's clear reasons why someone would potentially want this feature.

      No, they were deceptive. Obviously the feature is great when it stops your phone from rebooting... but paired with hiding it (instead of say, giving a battery condition alert) and making the battery non-replaceable, what they've really done is put an artificial expiry date into their phones.

      Even if they didn't mean to be deceptive (and I'd bet the engineers didn't, but don't ask me to extend the same credit to sales & marketing), that just makes it unintentionally deceptive.

      They still need a good hard smack to help them never do anything like this again.

    2. Re:No fan of apple but... by Junta · · Score: 3, Insightful

      Additionally, in laptop land they tend to issue a warning when battery performance is degraded compared to original condition. It wouldn't be such a terrible idea for mobile devices to do the same, so long as there were a reasonable way to service the battery (which often there is not).

      --
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    3. Re:No fan of apple but... by Anonymous Coward · · Score: 5, Informative

      This kind of thing merits a prompt on every reboot.

      "The OS has detected that the battery has deteriorated to the point that it may affect device stability. Should battery saving mode be enabled to attempt to work around this issue? (Battery saving mode will slow down all phone operations.)"

      If you click no, they can either prompt you where to get a battery replaced, if that is at all feasible, or rather give you a small coupon on the discount of a new phone. If the phone crashes after that point, well you were warned.

      That would be the ethical way to handle it... I'd rather know the true state then wonder if the phone is infested with malware.

    4. Re:No fan of apple but... by TheFakeTimCook · · Score: 2

      This kind of thing merits a prompt on every reboot.

      "The OS has detected that the battery has deteriorated to the point that it may affect device stability. Should battery saving mode be enabled to attempt to work around this issue? (Battery saving mode will slow down all phone operations.)"

      If you click no, they can either prompt you where to get a battery replaced, if that is at all feasible, or rather give you a small coupon on the discount of a new phone. If the phone crashes after that point, well you were warned.

      That would be the ethical way to handle it... I'd rather know the true state then wonder if the phone is infested with malware.

      But the way Apple explained it, it is explicitly designed to NOT "slow down ALL operations"; but rather scoot the timing of some operations around under high-demand conditions ONLY, so that instantaneous current-demand SPIKES, which is what a degraded battery has trouble with, are "smoothed-out" somewhat, keeping the battery-voltage from temporarily (and instantaneously) "crashing" and causing an unintentional and unexpected shutdown or reboot.

  6. Yes by ytene · · Score: 2, Interesting

    This exact points was covered in the discussion thread to an earlier slashdot article which covered this story.

    Someone posted the results of some speed tests they had performed and it indicated that the performance degradation is driven by a software check on the handset version, not the condition of the battery.

    Apple have a tremendous opportunity to dig themselves out of this with some excellent PR - by issuing a new version of iOS which doesn't only remove this feature, but which includes an App that gives a detailed, accurate summary of battery performance, with a recommendation regarding replacement.

    If they were to do this, they might be able to turn this PR disaster into a positive story. It's just shocking [criminally shocking] that they are doing this in the first place.

    1. Re:Yes by The+MAZZTer · · Score: 4, Interesting

      I've read comments saying people have had their batteries replaced with new ones and the slowdown goes away. So which one is it? Both of these can't be true. It either happens based on battery age (which is fine, maybe even a desired feature, but it should have been disclosed and maybe had controls) or OS version (which is not fine and can easily be interpreted as predatory).

    2. Re:Yes by StormReaver · · Score: 2

      So which one is it? Both of these can't be true.

      Of course they can both be true.

      If Apple is slowing down phones based on battery life, then this lawsuit is idiotic. I may hate Apple, but this is a desirable feature (assuming it's documented). I would bet a kajillion dollars that these same people would sue Apple if their phones stopped working prematurely due to NOT slowing down the phone to extend battery life. This claim should be summarily dismissed as monumentally stupid.

      However, if Apple is intentionally slowing down phones based on the model, then it should be hit with a penalty equal to ten times the retail price of all the phones they sold of that model.

  7. Re:Apple most dishonest tech company today by DaMattster · · Score: 2

    Tim Cook rails against the privacy-invading business model of other tech companies, then we learn they accept billions in secret payments from Google to enable said business model on their phones. Apple release a software fix they claims resolves a shutdown issue they previously denied even exists, then we learn the "fix" was a hack that throttles the phone performance to unusable levels, which serves to both save them hundreds of millions in additional recall costs while also surreptitiously motivating users to upgrade to a newer model to get a usable phone again. These are not the actions of an ethical company.

    Companies are generally not in the business of being completely honest and transparent. Some companies are just less dishonest than others. A company exists solely for the purpose of making money at any "legal" means necessary. They do this through a veneer of honesty and integrity. Show me a large company that has behaved 100% honestly and ethically. I am hard pressed to think of any.

  8. Future news - lawsuit settled by Kohath · · Score: 4, Insightful

    Class action lawsuit settled. Lawyers to get $30 million. Phone customers to get a coupon for $5 off a new iPhone.

  9. Re:It's how things work by Mr+D+from+63 · · Score: 2

    never noticed fires in cell phones? it doesn't man every phone catches on fire.

    No, I haven't noticed nor seen any information regarding any increase in risk of old cell phones catching fire due to taxing an older battery. Is this unique to Apple?

  10. Re:We need to start taxing by sl3xd · · Score: 2, Informative

    I guess Apple is safe, then. The battery isn't glued in on iOS devices; I've replaced the battery in every phone my wife and I have ever had.

    iOS devices are clearly designed to be serviced. Much like a watch, requires tools and more skill than a two year old.

    Seriously, your "non-replacable battery" is pure bullshit. As with any machine, you need to use the right tools for the job.

    Even on the glued-in MacBook batteries, Apple has always had a solvent to release the glue for servicing, and (shocker), it's even been reverse-engineered by the folks at iFixit.

    If you're not willing to use the correct tools, find somebody who will -- which is pretty much why Apple replaces the batteries at cost (with the main cost being the guy willing to use the correct tools.)

    --
    -- Sometimes you have to turn the lights off in order to see.
  11. Re:We need to start taxing by TheFakeTimCook · · Score: 3, Insightful

    We need to start taxing devices into which batteries have been glued. If an end-user can't replace the battery themselves, the lifespan of electronic devices is cut significantly. This results in more waste, and should be taxed accordingly.

    This practice needs to stop.

    Apple has a flat-rate iPhone battery replacement service for $79.

    Now what?