With dozens of collective lawsuits swirling overhead, Apple could have saved a lot of headache and money, not to mention bad press, if it chose to be transparent about accelerating CPU performance on iPhone models oldest In fact, allegations that Apple was deliberately slowing down older iPhone models with new iOS updates have persisted for years, only to be routinely dismissed as unfounded, if not conspiratorial.
Predictably, once Apple confirmed that slows older iPhone models with degraded batteries, all in order to avoid unexpected stops of the devices, the collective lawsuits began to accumulate quickly. It started with two lawsuits in California and has only expanded since then. Currently, Apple faces 40 lawsuits arising from its decision, although well-intentioned, to slow down previous iPhones.
All this said, now there is a new wrinkle in one of the collective trials. Earlier this week, the plaintiff involved in the case Harvey v. Apple Inc. filed a motion seeking a preliminary injunction that would require Apple to temporarily suspend its battery recycling program and preserve all data it obtains through diagnostic tests on old iPhone batteries.
In a statement on the matter, the plaintiff's attorney, Adam Levitt, explained:
Apple cheated many of its customers with the purchase of new iPhones by implementing their iOS bottleneck software, causing them significant financial damage. Given the constantly changing nature of Apple's battery replacement program and the critical importance of the diagnostic data for this lawsuit, Apple must be required to retain that data and present it to the plaintiff's attorneys. Failure to do so aggravates the problem and further erodes consumer confidence in Apple.
The motion itself says in part:
The timing of this program is questionable: Apple denied the existence of a problem with the batteries that it installed in millions of iPhones for years, then announced the Battery Program defective one week after plaintiff Harvey sued him for fraudulently concealing the existence of defective batteries in affected iPhones. Next, he accelerated the program and began to remove and replace those batteries and submit affected iPhones to diagnostic tests. As a result, Class members are delivering evidence of their iPhones to Apple, without any guarantee that Apple will not get rid of the replaced batteries or selectively use and / or remove the collected information as a means to avoid liability.  …
Apple's internal policies call for all batteries in the iPhone to be recycled, 5 which means that the evidence that Class members expose Apple's data theft is destined for destruction and , therefore, to the spoliation
on February 21