The Functionality of Apple iPhones

March 2016: A federal judge dismissed this action finding that plaintiffs did not satisfy the heightened-pleading standard for fraud-based claims and did not state a plausible claim. The dismissal was with prejudice.

May 2015: Plaintiffs filed another complaint making similar allegations.

March 2015: A federal judge dismissed a false advertising class-action lawsuit against Apple. The complaint, which was originally filed in 2014, alleged, among other things, that the functionality of Apple’s iPhone 4, iPhone 4s, and iPhone 5 was reduced after installing the iOS 7 update. According to the plaintiffs, the company misleadingly represented the abilities and capabilities of the iPhones – including their ability to wirelessly download features and apps from new versions of iOS, and their Wi-Fi and Bluetooth connection capabilities – because the iPhones did not perform as advertised after the iOS 7 update was downloaded. The judge dismissed the complaint for two reasons: First, the named plaintiff did not specify one misrepresentation that he viewed, or where and when he viewed it; and second, the named plaintiff did not plead that he actually relied on a misrepresentation when making the purchase. The judge dismissed the complaint without prejudice, meaning that the complaint can be refiled. (Yastrab et al v. Apple Inc., Case No. 14-cv-1974, N. D. CA.)

For more information about other class-action lawsuits filed against Apple and TINA.org’s coverage of the company, click here.

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

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