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Aussies suing Apple for dodgy practice

A QUEENSLAND-BASED law firm could be the latest practice in the world to launch a class action against Apple for intentionally slowing down old iPhones.

The legal battle stems back to December when Reddit users discovered Apple had issued updates that caused older iPhones to slow.

Apple apologised for the “misunderstanding”, but suggested it was more about prolonging the life of its devices as opposed to forcing users to upgrade or pay for a new battery.

While the tech giant might have thought a simple sorry was good enough, numerous class actions were filed across the United States against Apple for not warning customers it was slowing down devices.

Now it appears Australia is joining the fight, with Shine Lawyers considering taking its own legal action, putting the call out for affected Australian iPhone users to come forward.

Shine Lawyers class action expert Jan Saddler said the defects found in the iPhone 6, 6S, SE and 7 could see several cases brought against Apple.

“In Australia, we will be looking at a class action for strict product liability, negligence, breach of warranty, and a violation of consumer trust,” she told Business Insider.

“There was no express consent among iPhone users to have their phones slowed down.”

While nothing official has been announced, Ms Saddler said the firm would deliver a decision on a class action by early 2018.

“[Apple] misled millions of consumers globally into believing that their iPhones were malfunctioning, causing them to upgrade to newer and more costly devices,” she said.

“[Slowing down devices gave the company an] unfair sales advantage over their competitors.”

The law firm couldn’t explicitly state what compensation might result from a class action, however, seeking compensation from Apple for the cost of the replacement for users who

had upgraded due to a slowing phone was not out of reach.

A secondary firm, Bannister Law, has also announced it will be joining the fight.

“Consumers may not be aware or may not have agreed to purchase a phone that may slow down or not perform how it should after updating the software,” a spokesman said.

“We have spoken with consumers who have updated their iPhone software and experienced issues with phone usage.”

Would you join a class action against Apple? Continue the conversation in the comments below or with Matthew Dunn on Facebook and Twitter.

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