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Apple iPhone Slow Down Class Action

Did you ever feel like your iPhone is way slower than it used to be? This recent class action lawsuit settlement stems from earlier legal complaints of that regard. The argument is that Apple’s updates were intentionally slowing down their own iPhone. This, allegedly,  may persuade their customers to purchase their newer versions of their iPhone.  Apple agrees in 2020 to pay settle the case in the millions. For reference,  the class actions name is Violetta Mailyan v. Apple Inc., Case No. 2:17-cv-09192, in the U.S. District Court for the Central District of California. The following is an informative on the recent class action lawsuit with Apple in regards to the iPhone slowing down.  If you made a purchase of an Apple iPhone in the U.S., you may possibly receive compensation in payment from a class action settlement, upon approval.

For more information you may email our lawyers in Glendale, Los Angeles County, California at [email protected] by referencing Mailyan v. Apple Inc. In the subject line.  The company made no attempt on denying this claim, but rather they wanted to regulate the batteries of the older Iphones. You as a consumer have the right for compensation for any product that falls into some type of defect. Before going further, this is a great opportunity to discuss defect product liability.

Defect Product Liability

Here at KAASS LAW, we always strive to better inform the community and our clients on anyway and as best as possible. This type of class action is a great reminder on products that possibly fall into some type of defect based on a variety of reasons. Defect Product Liability is a very serious and is not taken for granted.

This refers to the legal responsibility of manufacturers, distributors, and sellers. So holding any of the three accountable that the products they bring to the market are safe for consumers and the public. In the case of  Apple Iphones, the company’s failure to ensure that their products were defective, whether intentional or not, may lead to legal action if necessary. In most of the legal systems, defect product liability fall into three primary categories such as:

Defect in Design: This happens when the product is inherently dangerous due to its design. Even if the manufacturer has made the design recently, it may present an unreasonable risk to its consumers.
Defect on Manufacturing: This occurs during the production or assembly process.
Failure to Warn:  Cases where a product may be safe in design and manufacture but without any proper instructions on the product’s safety or warning.

California Code

The CA Code states that:

“(1) The product is inherently unsafe, and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community.

(2) The product is a common consumer product intended for personal consumption, such as sugar, castor oil, alcohol, and butter, as identified in comment i to Section 402A of the Restatement (Second) of Torts.

(b) This section does not exempt the manufacture or sale of tobacco products by tobacco manufacturers and their successors in interest from product liability actions, but does exempt the sale or distribution of tobacco products by any other person, including, but not limited to, retailers or distributors.

(c) For purposes of this section, the term “product liability action” means any action for injury or death caused by a product, except that the term does not include an action based on a manufacturing defect or breach of an express warranty.”

Update: Apple iPhone Class Action Lawsuit Settlement

Apple agrees to pay consumers an amount of up to $500 million to settle a class action lawsuit that was filed against the company, which accused the company of purposely slowing down iPhones. The Apple iPhone slow down class action suggested that the company was intentionally slowing down older versions of iPhones in order to make consumers spend money on purchasing new ones. Apple has agreed to settle the lawsuit by paying consumers anywhere from $310 million up to $500 million. Some reports are already stating that some of the claimants are already receiving payments.

iPhone Models Covered by the Settlement

The settlement covers various models of iPhones for consumers in the United States, including the following:

iPhone 6, 6 Plus, 6S, 6S Plus, 7, 7 Plus, SE that ran iOS10.2.1 or later operating system

Are You Eligible for Compensation From This Apple iPhone Class Action Lawsuit Settlement?

Do you believe you have been effected as a consumer? If so, you should be eligible for compensation from this lawsuit as long as you have previously owned one of the iPhones listed above that are covered by the settlement.

Would you like additional information and legal assistance? Our attorneys at KAASS Law are always ready and willing to help regarding legal matters with the best of our ability! Feel free to give us a call anytime at (310) 943-1171.

CONTACT US

KAASS LAW

Address: 815 E. Colorado #220, Glendale, CA 91205

Phone: (310) 943-1171

Email: [email protected]


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