The Functionality of Apple iPhones
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.
When a complaint is dismissed with prejudice, it cannot be refiled.