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Shine lawyers warn Apple may face class action in Australia

Jan Saddler Written by:
Jan Saddler
National Special Counsel - Class Actions

Class Actions against technology juggernaut Apple have been filed across the US, following the company’s admission that it pushed out software updates to consumers that limited the performance of several Apple Devices.

“There are several cases that could be brought against Apple for the iPhone 6, 6S, SE and 7 defects. In Australia, we will be looking at a class action for strict product liability, negligence, breach of warranty, and a violation of consumer trust,” said Shine Lawyer’s Class Action expert, Jan Saddler.

“Corporate deception is a serious and punishable offence. Apple, by its own admission, has misled millions of consumers globally into believing that their iPhones were malfunctioning, causing them to upgrade to newer and more costly devices.”

The actions globally have come after Apple revealed that its software updates slow down older devices in order to allow them to keep up with new features.

“Such behaviour gave Apple unfair sales advantage over their competitors and breached product promises as well as the trust of consumers. There was no express consent among iPhone users to have their phones slowed down.”

“Consumers download updates with the belief that it will improve or enhance the operation of their devices,” said Ms Saddler.

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The Class Actions around the world will allege that slowing down older models was an intentional move by Apple in order to encourage people to purchase newer phones.

“iPhones are a luxury item, and can cost in excess of $1000. At the very least, in a case such as this where Apple have admitted they misled their loyal customers, it is not unreasonable that class action members would be seeking compensation for the cost of their replacement phones when they didn’t need to purchase one had their property not been manipulated.”

“If members of the public are concerned that their device may have been subjected to this defect, we would encourage them to get in touch with Shine Lawyers.”

Media enquiries: Miriam Eryan, Acting National Media & Communications Team Leader, Shine Lawyers 0466 367 497.

You can submit an enquiry to Shine Lawyers below.
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Written by Jan Saddler on . Last modified: January 2, 2018.

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  • Brad Colbert wrote:

    I always said that my iPhone was slowed down by “software updates” when new phones were released forcing me to buy a new one!

  • Mr John Andrews wrote:

    Hello.
    I have been with apple since its Australian launch.
    I am still the owner of an Apple Iphone.
    I am not very happy to find out that my phone has deliberately been slowed.
    I would very much like to join your class action.
    If you require any more information form me please ask.
    Many thanks
    Yours sincerley
    John Andrews

    • Shine Lawyers wrote:

      Hi John,

      Thanks for getting in touch and for your support with this potential class action. If you wish to join this potential class action, please fill out the enquiry form at the bottom of this page and someone from our New Client Team will be in contact.

  • Sherine Metira wrote:

    I believe I have been effected by this issue with iPhone

  • Neil Frost wrote:

    I was not made aware that installing the Apple software upgrade would negatively affect the performance of my phone. It is not Apples right to affect the performance of my pnone without any warning or advise. I have since entered into a new 2 year contract with Optus at a significant additional cost due to the poor performance of my Iphone 6plus.

  • Darryl Whitley and Angela Whitley wrote:

    I am absolutely disgusted with Apple who I’ve been loyal to since the very first iPhone, and currently still on contract with an iPhone 6.

    Initially after recently updating early December I was talking to my friends saying I’m sure my phone had slowed since the update perhaps with more advanced software. The slow response in opening simple apps like message was immediately evident! My battery now needs to be charged at least an addition time during any particular day, andvat age 63 I’m certainly not a power user by any means.

    My wife just updated her iPhone 7 to synch with her Apple Watch (was required by Apple), now her phone is slow also.

    Now we learn this has been on purpose. Who can trust the greed driven corporate giants? Volkswagen ? Commonwealth Bank money laundering? All Australian banks now co-using each other’s ATM’s, dropping fees, and reducing ATM’s numbers. Sounds like collusion to me. And Apple? I was an early adopter if their computers buying an Apple 2C as soon as released and an iPhone after the iPhone 3 was released. I have always looked up to Apple but now I’m fed up with this subterfuge and am very very angry !

    Inbuilt obsellesance sped up for greed of profits and corporate bonuses. I’m disgusted !

  • Wai Nai wrote:

    My iPhone 6s is very slow after new update. I believe Apple has purposely did this to encourage me to buy new iPhone.

  • Elizabeth Chappell wrote:

    No problems with your site

  • Daniela wrote:

    I have a 6+ iPhone and find it very slow now.

  • Brian Casey wrote:

    Hi Jan
    Thank you for standing up to companies who use their inside knowledge against us, the paying costomer.

  • Peter Ned wrote:

    I constantly got messages that an update was available for my iPhone4S, claiming to improve performance and fix bugs with previous operating systems. These stopped when version 9.3.2 was installed and a message appeared that there were no more updates available for my iPhone and iPad Mini which have to be recharged 2 times a day and the IPhone4S. will shut down after taking 1 photograph, especially In low light situations and have the flash turned off as this only makes matters worse by using up more and more of the capacity of battery. I have disabled many features, that I was told by apple support would lead to a longer battery life but my apple phone and iPad mini just seem to be getting slower and the battery’s lasting less and less time.

    On a online forum discussed the fact that Apple software counts the number of times a battery has been charged and then will slow down and store less power…… a built in redundincy to make you upgrade your phone as you have to to keep your data and photos etc. please help Peter

    • Shine Lawyers wrote:

      Hi Peter,

      Thanks for getting in touch, and sorry to hear about your experience. If you would like more information regarding the potential class action, please contact our New Client Team, who will be able to talk you through the potential class action and if we can help. Contact details are here: http://bit.ly/Shine-contact

  • Ash wrote:

    I think they are slowing most iPhones done my iPhone 7 Plus has been Slower since updates and also has begun having problems charging the battery even with my charge cable not being faulty

  • Therese wrote:

    Thanks apple because of updating my daughters 6S plus is now useless dies very quickly and is soo slow to work but you did get a new sale as had to purchase a new phone not happy at all

  • Kerryanne wrote:

    my phone won’t call and people call me several times and just get nothing or straight to messages with no record of. My calls missed or otherwise. Text regularly fail to send,is this the reason?

    • Shine Lawyers wrote:

      Hi Kerryanne,

      I am unable to identify the reasons behind your phone malfunction, but if you would like more details regarding the potential class action and if this might be the reason your device has been performing poorly, please contact our New Client Team, who may be able to shed more light on the situation. Contact details are here: http://bit.ly/Shine-contact

  • Rod Brook wrote:

    I’m angry as my IPhone 6 became very slow when I downloaded iOS 11 so I rang customer support at Apple they told me to Back up my phone on my computer which I did and reset phone which I did and I lost all of my non-iTunes music which really pissed me off. My iPhone 6 was still slow no improvement. Consequently I bought a new iPhone 8 because it was so annoyingly slow. As I am a pensioner I feel the cost of a new phone and plan due to Apples deceitful tactics is extremely unfair. I honestly believe Apple Company was a fair and honest trader. I feel very differently now.

  • Daniel albino wrote:

    Hi I am currently using the iPhone 6 and have had what I thought was bad luck, with my systems slow down and after updates having to suffer with a bugged phone where apps don’t work correctly. Even system apps aren’t working correctly and freezing and shutting my phone off constantly, I believed that I was the only experiencing this but plenty of my work mates are having the same problems. As of yesterday’s update my phone cannot pick up my mobile carrier. I have spent hundred of dollars already and yet this phone continuously requires me to spend more and more. I only upgraded to the 6 because my iPhone 4 keeps freezing.

  • Alex wrote:

    I had problems after I had the new iOS updates despite my friends warned me not to.
    The phone started jamming 100 times per day
    Booked an apple care Genius Bar appointment twice
    Wasted one day only to fix the phone
    They reset the phone twice but the problem persists,specially looking at different social media apps at one time
    Lost my data on phone , apple care agent asked me to buy a USB and he restored the pics but lost all the education videos downloaded.its never the battery they save , if u keep on restarting ur phone 100 times a day it consumes more battery charge than before.They might have thought that its a loop hole that they might get away with.
    It effected my personality as frustration increased my anger.
    BRAVO SHINE LAWYERS
    Hope they become accountable.
    A BIG SALUTE AND PRAISE TO YOU

  • Sage Mccure wrote:

    Hi I would love for you to help me get them to pay for a new battery as I cannot afford a new one many thanks sage Mccure

  • Betsy Koffel wrote:

    I use Iphone 6 which has been extremely slow in opening & using apps and other general use. I used to look up at Apple as a benchmark, not anymore after they deliberately, without prior warning, slow down the use in order to save battery’s life. To change the battery, the cost of service only is $ 79, I am not sure how to describe this anymore and would like to know what to be done in order to join this class action

    I wonder if I can join this class action.

    • Shine Lawyers wrote:

      Hi Betsy,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

  • Harivansh gaurav wrote:

    I have an iphone6s and iphone 6and i have to purchase a new iphonex and iphone 8 since my phones got very slow.

  • Matk williams. wrote:

    Why is the discussion/ liability relying on what Apple says. Apple have been slowing down most ofl the priduckts that they place there branding on. Eg iPad 2 still works well except the os gui slows down and over taxes the hardware. The movies games etc all work well but the gui uses more processing than the most demanding game. Do I get a clam for my iPad2?.
    I stoped using disconnect / Apple prpduckts because of the sleazy way they manipulate and lie.

  • Prabhdial Singh wrote:

    I’ve been using iPhone 6 for about 2.5 years, and it’s slowing down with every update, took it to apple and was told to reset the phone, nothing changed still.

  • Ben mccarthy wrote:

    Yes please.

  • Petrina floyed wrote:

    I have an iPhone 7 plus and to send pics to people it is extremely slow , it gets to the point I turn my phone on and off to see if it helps but nope

  • Sharon gould wrote:

    I believe I have been affected with my phone

  • Kate Grob wrote:

    My I phone 6S has slowed down considerably since the last update. The battery life is less than a day and that’s with little use. It’s also getting very hot to hold during a conversation.

  • Joe ONeil wrote:

    I have I phone 6 and definitely gone slow

  • Paula Parrant wrote:

    we have 2 iphone 6 would like to be updated on this

  • Andrew Harris wrote:

    To Whom It May Concern

    I had an Iphone 4s in 2014, found it to be too slow,so I changed to an Iphone 5s 16gb which was purchased 3/12/15,

    In each case, Apple encouraged software updates on a frequent basis through their notifications, I have found these to be frustrating, also contributing to losing data.

    On 22/9/17 I purchased an Iphone 6 32gb again and still find this model slow. It seems to me that
    the smarter these phones get, the slower they are,
    and less reliable.

    My daughter’s experience with Apple has also been frustrating. She recently purchased a new phone from Samsung, and is much happier with results after finding her Iphone 6 slowing down every time she updated software.

  • Veeshay wrote:

    I been using iPhone 5s for over 2yrs and now I been noticed before that battery life 100% but suddenly went down to 45% then for no reason it went all the down to 1% and just shut down. I got to charge it over 3 times per day and it’s been very annoying. For that reason I thought my iPhone was malfunctioning and I upgrade it with the iPhone 8plus as I didn’t have any clue at that time what was really happening. Now I do know and due to iPhone made me upgrade it by force, so I would definitely like to join and take action against them..
    bloody apples make people spend by force..

  • Gayle Green wrote:

    I have an iPhone se and have downloaded all the updates Apple have recommended but since doing so have noticed my phone slowing down and even freezes for about 10 seconds, I have also downloaded the same updates to my new iPad 5th gen. with similar results !

  • Stephanie Harris wrote:

    I have been a pretty faithful Apple user since I purchased an iPhone 3 many many years ago. As the years have gone on, I have purchased an iPhone 4 and two years ago, I purchased an iPhone 6. I am incredibly disappointed to find out that my phones had been deliberately slowed.

    I bought a Samsung Galaxy S8+ last year to replace my iPhone 6 as I found it getting slower and slower and slower. I restored it to factory settings and gave it to my mum, however she is also finding it to be too slow with software updates doing very minimal to speed it up.

  • Melissa Hardie wrote:

    I believe my IPhone 6s has been slowing down and would be interested in participating in the class action. Please contact me on my details noted below.

    • Shine Lawyers wrote:

      Hi Melissa,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

  • Namraatta Lobo wrote:

    Hi I would like to join You in this I bought 2 5s -32gb and 64gb phones ,1 6plus 128gb &1 6s plus 64gb later 1 7 plus and finally 1iphone x 256gb
    Apart from this 1 pad 16gb and 2 iPad mini 16gb & 64 Gb
    We liked the apple technology as it is user friendly but we of course worked hard to pay for all this
    I do see it gets heated up very fast ,battery goes down quickly
    My hand pains a lot when I have to type .

    • Shine Lawyers wrote:

      Hi Namraatta,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

  • Cameron Brown wrote:

    hi have an iPhone for about 3 years , upgrade kept annoying me so installed it the had problems with battery , now upgraded phone , don’t trust these thieves

  • Janelle McKenzie wrote:

    I have also been affected by this. Not happy with Apple.

  • Michael Granero wrote:

    It’s not just the iPhones it’s all the electronic range on the iMacs too they also through updates changed the firmware which allows the Graphics card to communicate with the CPU and motherboard causing cpu panic attacks and shutdowns rendering it unusable, forcing the user to purchase a new computer

  • Alina wrote:

    What fees would we be looking at to join the class action? My iPhone 6 has slowed down significantly in the last few months but I have had to just deal with it as it’s not currently feesible to buy a new one. And now I learn that it’s apples fault. I’m annoyed.

    • Shine Lawyers wrote:

      Hi Alina,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

  • Steven wallis wrote:

    Hi there I would also like to join the class action against iPhone.. I’ve only just been with iPhone for the past 3 years now and to say that I thought iPhones were a good phone. I myself have got an iPhone 6s Plus and ever since the updates my phone has been lagging in performance..

    • Shine Lawyers wrote:

      Hi Steven,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

  • Adam wrote:

    Hi i have been apple iphone user since day 1 in upset to know apple is deliberately making us buy new phones i am always receiving updates from apple and has slowed my phone down and constantly gliitching i am happy to answer any questions you have want to know thank you adam

    • Shine Lawyers wrote:

      Hi Adam,

      Thanks for getting in contact. If you wish to join the potential class action, please contact our our New Client Team, who will be able to talk you through the process. Contact details are here: http://bit.ly/Shine-contact

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