By: Kyle James | 12-30-2017 | News
Photo credit: bgr.com

Class Action Lawsuit Seeks $999 Billion From Apple For Slowing Phones

As of December 30, the eighth and ninth Class Action lawsuits have been filed against the world's largest company, Apple, after the company announced they were intentionally slowing iPhones.

The eighth lawsuit is filed against Apple in California and is asking for the insane amount of $999,999,999,000. The ninth lawsuit is filed in New York and asks for a much more measly sum in comparison, $100,000,000.

Violetta Mailyan and her lawyers are behind the lawsuit in California that is asking for nearly a trillion dollars. The lawsuit from New York is filed by Raisa Drantivy and her legal team.

Here is an expert from Violetta Mailyan's class action from the segment of the lawsuit titled "Class Action Allegations."

"There are substantial questions of law and fact common to the Class that predominate over questions affecting only individual Class members including, but not limited to, the following: whether Defendant intentionally slowed down the performance of older iPhone models through iOS updates or otherwise; whether Defendant intentionally concealed material information from Class members; whether Defendant's conduct was the direct and proximate cause of the damages suffered by Class members; whether the Plaintiff and Class suffered monetary damages as a result of Defendant's conduct; whether Defendant violated California Business and Professions Code §17200 et seq.; whether punitive damages should be awarded to Plaintiff and Class.

Plaintiffs' claims are typical of the claims of the Class. Each member of the Class had to buy a newer iPhone model because the performance of their older iPhone model had slowed down as a result of Defendant's purposeful conduct. Each member of Class was denied the use, utility, and value of the older iPhone model because of the slowdown in performance. The injuries of the Plaintiff and Class are identical, and Plaintiff's claims for relief are based upon the same legal theories as claims of other Class members.

Count 01: Fraud through Concealment

Count 02: Unfair Competition under California Business and Professions Code § 17200 et seq."

<img src="https://media.8ch.net/file_store/ce1929a42d9875c6d221fbd8ac7ccd5d580a228052b7a2370968c9dc5d082acb.jpg" style="max-height:640px;max-width:360px;">

<span style="margin-top:15px;rgba(42,51,6,0.7);font-size:12px;">Credit: Patently Apple</span>

<p style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;"> <a title="View Violetta Mailyan vs. Apple, Class Action of Purposely Slowing IPhones on Scribd" href="https://www.scribd.com/document/367854131/Violetta-Mailyan-vs-Apple-Class-Action-of-Purposely-Slowing-IPhones#from_embed" style="text-decoration: underline;" >Violetta Mailyan vs. Apple, Class Action of Purposely Slowing IPhones</a> by <a title="View Jack Purcher's profile on Scribd" href="https://www.scribd.com/user/292707497/Jack-Purcher#from_embed" style="text-decoration: underline;" >Jack Purcher</a> on Scribd</p><iframe class="scribd_iframe_embed" title="Violetta Mailyan vs. Apple, Class Action of Purposely Slowing IPhones" src="https://www.scribd.com/embeds/367854131/content?start_page=1&view_mode=scroll&access_key=key-yFiBYbHVnCyoBDJAxQIr&show_recommendations=true" data-auto-height="false" data-aspect-ratio="0.7729220222793488" scrolling="no" id="doc_85036" width="100%" height="600" frameborder="0"></iframe>

<img src="https://media.8ch.net/file_store/93058cd1dab81f29aa7005d5bdda40b443f5db611253b92a64fa724a3237f83a.jpg" style="max-height:640px;max-width:360px;">

<span style="margin-top:15px;rgba(42,51,6,0.7);font-size:12px;">Credit: Patently Apple</span>

The ninth lawsuit filed against Apple in the Eastern District Court of New York listed six causes.

"Cause 01: Breach of Implied Contract

Cause 02: Trespass to Chattel

Cause 03: Fraud

Cause 04: Misrepresentation

Cause 05: Deceptive Business Acts and Practices

Cause 06: False Advertising"

In this lawsuit, the plaintiff recounts Apple's updates over the years that stated such things as, "Defendant's 'update' descriptions expressly specified and recommended that Plaintiff and other iPhone users should download and install the 'updates' to 'fix bugs and issues' as well as 'increase performance' on the iPhone 5."

The lawsuit goes on to show how many times Apple said that past updates were intended to "increase performance," despite their recent admission to the contrary.

"Plaintiffs and Class Members have owned and used defendant Apple's product, iPhones, for a number of years.

Defendant alleges that its battery may retain up to 80 percent of their original capacity at 500 complete charge cycles.

Defendant alleges that it slows down iPhone processors when the battery is wearing out.

Defendant never requested consent or did Plaintiffs at any time give consent for Defendant to slow down their iPhones.

Plaintiffs and Class Members were never given the option to bargain or choose whether they preferred to have their iPhones slower than normal.

Plaintiffs and Class Members suffered interferences to their iPhone usage due to the intentional slowdowns caused by Defendant.

Defendant's wrongful actions directly and proximately caused the interference and loss of value to Plaintiffs and Class Members' iPhones causing them to suffer, and continue to suffer, economic damages and other harm for which they are entitled to compensation, including:

a. Replacement of old phone;

b. Loss of use;

c. Loss of value;

d. Purchase of new batteries;

e. Ascertainable losses in the form of deprivation of the value of their iPhone;

f. Overpayments to Defendant for iPhones in that a portion of the price paid for such iPhone by Plaintiff and Class Members to Defendant was for Defendant to purposefully not interfere with the usage of their iPhones, which Defendant and its affiliates purposefully interfered with in order to slow down its performance and, as a result, Plaintiffs and Class Members did not receive what they paid for and were overcharged by Defendant."

This lawsuit can be read in full here:

<p style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;"> <a title="View Raisa Drantivy v. Apple Class Action Over Slowing IPhones on Scribd" href="https://www.scribd.com/document/367854674/Raisa-Drantivy-v-Apple-Class-Action-Over-Slowing-IPhones#from_embed" style="text-decoration: underline;" >Raisa Drantivy v. Apple Class Action Over Slowing IPhones</a> by <a title="View Jack Purcher's profile on Scribd" href="https://www.scribd.com/user/292707497/Jack-Purcher#from_embed" style="text-decoration: underline;" >Jack Purcher</a> on Scribd</p><iframe class="scribd_iframe_embed" title="Raisa Drantivy v. Apple Class Action Over Slowing IPhones" src="https://www.scribd.com/embeds/367854674/content?start_page=1&view_mode=scroll&access_key=key-QTOl2VXxCsdxuyIKUvuC&show_recommendations=true" data-auto-height="false" data-aspect-ratio="0.7729220222793488" scrolling="no" id="doc_64896" width="100%" height="600" frameborder="0"></iframe>

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Source: http://www.patentlyapple.com/patently-apple/2017/12/the-7th-and-8th-class-action-lawsuits-have-been-filed-in-new-york-and-california-with-one-suit-demanding-an-insane-999-billi.html

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