AfterDawn: News

Apple sued over iOS 4 performance on iPhone 3G/S

Bianca Wofford of San Diego has sued Apple today claiming the company violated the Consumer Legal Remedies Act while also using false and deceptive advertising.

The suit also claims that Apple used unfair business practices.



Wofford, an iPhone 3GS owner, claims that since she upgraded her device to iOS 4, her smartphone has experienced slow keyboard response times, lag, and fast battery drain.

She is certainly not the only one to have the same experience. iPhone 3G owners, especially, have complained of the same symptoms since updating their devices to iOS 4 in June.

In the suit, Wofford claims that iOS 4 has made her 3GS practically unusable, and Apple has left her no options but to upgrade to the iPhone 4 or jailbreak her device so she can downgrade back to iOS 3. The latter option is legal, but will void her warranty.

Wofford is looking for class action status and asking for $5000 USD for everyone whose phone is now unusable after the update.

Cnet has posted the full suit:
iOS 4 Lawsuit

Written by: Andre Yoskowitz @ 5 Nov 2010 0:03

• Previous article

• Skyfire unavailable in App Store after huge demand takes down servers

• Next article

• LG getting into the tablet business

• 30 comments

• stuntman_

  good for her, I worked at apple when all this happened, and they pretty much wouldn't do anything about it. They said 4.2 was supposed to help but I guess its not for everyone? I don't work for that peice of shit company anymore so who knows. I hope apple does loose some money over this though!
  

  
  
  
  

  5.11.2010 00:57 #1

• SpellingNazi

  Originally posted by stuntman_: good for her, I worked at apple when all this happened, and they pretty much wouldn't do anything about it. They said 4.2 was supposed to help but I guess its not for everyone? I don't work for that peice of shit company anymore so who knows. I hope apple does loose some money over this though! Lol, so you are angry your ass got fired? I can't understand why on earth those meanies at Apple would let someone like yourself go, especially with your excellent spelling and grammatical flair!
  
  loose and lose are not interchangeable. lol also, do you know the difference between its and it's?

  5.11.2010 02:34 #2

• tatsh

  Well, they should not update anyway. I think it is bad on Apple's part to force this update on phones but that's why 4.1 is the last update there will be for the 2Gs. I have a 4G so why can't this person just get a new phone anyway and stop complaining.
  
  Also, learn something and save the SHSH blobs in order to be able to downgrade. I know it's not for laymen but still...

  5.11.2010 04:57 #3

• KillerBug

  That is real nice...
  The 3GS is not an old phone...most of the 3GS phones that were sold are still under AT&T contracts. The users were told that 4.1 would fix the slow performance of these devices, and it made the performance worse. Now they don't get 4.2 because their devices are so old (less than 2 years old).
  
  So, given such terrible customer service, you want customers to go out and buy a new iPhone4? Why would someone do that...won't apple just do the same thing next year in order to help iPhone5 sales?
  
  How about this...go and get an android; the updates will keep coming even after the manufacturer stops supporting the device (new updates will be available through the scene before anywhere else), and you don't need to buy SkyFire to use Flash. Oh, and the price is less, the device is faster and more capable, you have better selection of carriers, devices and features, etc, etc, etc...
  

  5.11.2010 05:26 #4

• stuntman_

  @SpellingNazi
  
  I didn't get fired I quit, they didn't want me to quit but I was sick of working for them, if you knew half of the stuff I know about how they run some things you probably wouldn't buy another apple product again, and sorry I don't proof read shit I type on the Internet before I post. I don't waste time trying to write an essay for some random comment I post, I just type fast and if I have a couple typos so be it. I am not a "spellingnazi" like you.
  

  
  
  
  

  5.11.2010 05:34 #5

• Frogfart

  SpellingNazi is a bgi unct!

  5.11.2010 06:21 #6

• Bozobub

  Er... They should waste hundreds of $ on a newer phone WHY, exactly? Most people don't care to spend money to replace something that *should* work just fine for years.
  
  SpellingNazi, none cares about your fanboi-ism but you. Silence, troll.

  5.11.2010 07:26 #7

• 21Q

  Very true. Ever since I updated my battery drains incredibly fast. And oddly charges at a ridiculous speed. I'd prefer it to last longer and have to charge longer.
  

  If you want a nice icon for your iPhone for afterdawn click on the link below. There is a two second delay before the redirect so act fast! http://www.freewebs.com/21qz/afterdawn.html
  
  Also Check Out My "Pc In An Xbox" Mod. There's a whole Pc inside of it! http://s84.photobucket.com/albums/k6/21q2/Xbox%20Pc/?start=0

  5.11.2010 10:06 #8

• astyle

  @SpellingNazi: You're a edited by ddp crapple fanboy...we're not here to please your engrish abilities..so STFU!
  
  @Stuntman: I regretfully bought this POS crapple ibling 3G and don't blame ya for quitting a communist company!

  5.11.2010 10:07 #9

• astyle

  Does anyone know how to be part of this CAL (Class Action Lawsuit)?!
  Thx

  5.11.2010 10:13 #10

• biglo30

  I hope they lose, Apple really doesn't think about their customers first its just all about the money and what they are doing is just forcing their customers to upgrade to the newer phone.

  5.11.2010 11:41 #11

• dcmorrow

  I have 4G, 3GS and 3G. Did not upgrade 3G. I upgraded 3GS first thing, as I was beta testing.
  
  Seriously I did not experience these problems on the 3GS, it ran fine. I heard about the 3G having problems, but didn't upgrade it because it didn't have multi-tasking nor wallpaper behind the apps support and I thought, why bother then.
  
  I am going to upgrade my 3G soon and give it to my son. 4.2 is GM and will be open to the public any time.
  
  Apple had a bug somewhere and meant no harm. It takes time to troubleshoot remedy and regression test to make sure a bug fix does not cause additional problems.
  
  The problem this woman has is in the minority, and I bet, either manifested on a revision unit, with a specific part that is not on the others, or would have been fixed with a flat out recovery restore and then re-install her apps and setup her email etc.
  
  On the other hand, Apple should have offered to replace her phone, if she went to the Apple store. Her replacement most likely would have been the same model she has.
  
  The many times when people sue like this, it's because they want something for nothing.

  5.11.2010 12:07 #12

• HxCMANIAC

  My 3G was basically unusable after I upgraded. Everything crashed and ran super slow.
  

  5.11.2010 12:31 #13

• stuntman_

  Sorry to hear about everyones slow and dying 3g's. This issue was part of the reason I quit. Everyday we would be getting call after call after call about this from 3g owners when IOS4 first came out. Apple basically didn't acknowledge this was a problem (internally) until about 3 weeks after it happened. The worst part about it was if we encouraged or suggested 3g owners not to update we could have gotten fired on the spot, the reason we were told this is because "it would look bad for apple to tell people not to update to IOS4." So everyday I would go to work people would ask if they should upgrade and I was forced to lie and suggest they potentially mess up their phone, and then once the phone was completely messed up, we were NOT allowed to replace it regardless if they were in warranty or not. The only people that got their phones replaced during this time were the ones that constantly complained called 5 times and spoke for a very long time on the phone with one of the senior advisors.Other than that we just had to sit get yelled at (which is understandable considering apples terrible policy) and tell people there was nothing we could do.
  
  
  And then to top all of this off, Apple has a goal of an average handle time they want you to have which is 11 and a half minutes. So according to them every call on average should last only 11 and a half minutes. When you are dealing with computer illiterate apple customers 11 and a half minutes isn't enough time! I saw quite a large portion of the people I worked with getting fired around the time IOS4 came out because their average calls increased to somewhere around 15 minutes because of all the new issues .
  
  
  Also did you know that they will literally hire anyone! I worked with one lady who spent 8 years in a federal prison for identity theft! She works for apple and people give her all their credit card information everyday, without knowing anything about her past. I dont know about you guys but I think I want to keep my credit card as far away from people like that as possible.
  
  
  Sorry to rant like this guys hope some of this was informative lol
  

  
  
  
  

  5.11.2010 15:48 #14

• DVDBack23

  Originally posted by stuntman_: Sorry to hear about everyones slow and dying 3g's. This issue was part of the reason I quit. Everyday we would be getting call after call after call about this from 3g owners when IOS4 first came out. Apple basically didn't acknowledge this was a problem (internally) until about 3 weeks after it happened. The worst part about it was if we encouraged or suggested 3g owners not to update we could have gotten fired on the spot, the reason we were told this is because "it would look bad for apple to tell people not to update to IOS4." So everyday I would go to work people would ask if they should upgrade and I was forced to lie and suggest they potentially mess up their phone, and then once the phone was completely messed up, we were NOT allowed to replace it regardless if they were in warranty or not. The only people that got their phones replaced during this time were the ones that constantly complained called 5 times and spoke for a very long time on the phone with one of the senior advisors.Other than that we just had to sit get yelled at (which is understandable considering apples terrible policy) and tell people there was nothing we could do.
  
  
  And then to top all of this off, Apple has a goal of an average handle time they want you to have which is 11 and a half minutes. So according to them every call on average should last only 11 and a half minutes. When you are dealing with computer illiterate apple customers 11 and a half minutes isn't enough time! I saw quite a large portion of the people I worked with getting fired around the time IOS4 came out because their average calls increased to somewhere around 15 minutes because of all the new issues .
  
  
  Also did you know that they will literally hire anyone! I worked with one lady who spent 8 years in a federal prison for identity theft! She works for apple and people give her all their credit card information everyday, without knowing anything about her past. I dont know about you guys but I think I want to keep my credit card as far away from people like that as possible.
  
  
  Sorry to rant like this guys hope some of this was informative lol What was your pay? lol
  

  AfterDawn News
  AfterDawn Guides
  AfterDawn Downloads
  AfterDawn Hardware Section
  
  

  5.11.2010 16:15 #15

• astyle

  @Stuntman: Sweet info...you're a key witness to this messed. Help out Bianca Wofford and take a stand in court brother! :)

  5.11.2010 16:21 #16

• stuntman_

  @DVDback lol 10.50 an hour but if the whole building got 90 percent with customers satisfaction surveys we got $12.50 (that never happened) I can make 17 an hour delivering pizzas in Seattle LOL
  
  
  
  @astyle LOL if they want to fly me to California I would be more than happy to help in court if I could. Do they get people to testify in court for a class action case like this? (I really don't know much about our legal system)
  
  
  
  
  another little piece of info about apple, when you get trained for support it lasts about 3 weeks, they get you somewhat familiar with the devices but spend most of the time training you how to search for things in their terrible apple knowledge base, and then another large portion of the training goes to whats called "positioning" which is basically how you say things. So when you lie to customers or stretch the truth a bit it sounds better.
  
  
  So if you call apple and they put you on hold right away without doing any troubleshooting, the apple agent has no idea what your problem is and is most likely googling it. So much of the troubleshooting done at this place is actually suggestions from different websites like (mac rumors, modmmyi and sometimes even afterdawn) So basically apples smart customers (the very few there are) do a lot of the troubleshooting on these other websites for apple unknowingly without getting paid.
  
  

  
  
  
  

  5.11.2010 16:42 #17

• cheapseats (unverified)

  Originally posted by tatsh: Well, they should not update anyway. I think it is bad on Apple's part to force this update on phones but that's why 4.1 is the last update there will be for the 2Gs. I have a 4G so why can't this person just get a new phone anyway and stop complaining.
  
  Also, learn something and save the SHSH blobs in order to be able to downgrade. I know it's not for laymen but still... Get a new phone and stop complaining? Really? You suggest tossing out the $500 dollars you spent and spending another $500 cause Apple forces an update. I had to update to restore my phone, and I could only update with iOS4, which as the lawsuit states gives me nothing but problems.

  5.11.2010 19:03 #18

• core2kid

  Don't forget the iPod Touch 2G. I used to charge my iPod once every 3 days to once a week. I have to charge it every day or twice a day now with iOS 4. Such a POS OS.

  5.11.2010 22:19 #19

• Joshewah

  Wow, I had no idea iOS4 had such terrible issues. This is the first I'm hearing of it. I feel sorry for you guys. Every where you go you hear such great things about "i" products only to get slapped in the face and have your wallet stolen.
  
  I hope Apple has to pay out.
  

  X360 - iXtreme1.4 ||| Xbox - EvoX Dash ||| PS2 - CC 2.0 PRO SLE ||| Dreamcast ...lol ||| NDS - Acekard 2/M3 Simply/EZ Flash 3-1 ||| Rooted HTC Hero with Ic3rom

  6.11.2010 01:34 #20

• flyingpen

  ... Apple not caring about their customers AND using false and deceptive advertising?! How could this be?! /sarcasm
  Seriously if you want a company that cares about their customers and doesn't just see them as cattle... Apple is NOT the way to go...
  

  Carpe Noctem

  6.11.2010 13:49 #21

• dab0ne

  Originally posted by Frogfart: SpellingNazi is a bgi unct! Jsut a ltitle tip. Wehn you are tyrnig to missepll wdors on pruopse mkae srue to olny intrehcagne the mdilde letrets and keep the end letrets the smae. ;)

  7.11.2010 00:06 #22

• gsuarez61

  yeah seems better
  

  7.11.2010 02:13 #23

• DXR88

  Originally posted by dab0ne: Originally posted by Frogfart: SpellingNazi is a bgi unct! Jsut a ltitle tip. Wehn you are tyrnig to missepll wdors on pruopse mkae srue to olny intrehcagne the mdilde letrets and keep the end letrets the smae. ;) Just a Little tip. When you are trying to misspell words on purpose make sure to only interchange the middle letters adn kepe teh edn letters the same.
  
  
  why on earth would you do that :)
  
  

  Powered By
  
  

  7.11.2010 02:40 #24

• ddp

  lets try not to misspell shall we!!
  

  7.11.2010 14:34 #25

• lancerx

  im on the same boat, my 3gs battery drains fast and has become too laggy... sorry for my english

  8.11.2010 06:09 #26

• dab0ne

  Originally posted by fcun110: Very pleased to see such a good article, nfl jerseys edited by ddp and sincerely hope that you can provide us with more valuable suggestions nfl jerseys edited by ddp, come on! I support you, waiting for you to give us more and better articles！ Dude! Did you really put advertising in your response? What a douche!!

  9.11.2010 11:12 #27

• DXR88

  2 more links that should be filtered,and blacklisted.
  

  Powered By
  
  

  9.11.2010 14:25 #28

• robertmro

  What a dope!
  
  If she isn't smart enough to reload the old OS she should go the Apple Store or AT&T and have then do it for her.
  
  She'll never win because her stupidity isn't Apples fault.

  12.11.2010 09:55 #29

• stuntman_

  @robertmro Neither Apple or ATT will switch her back to the old OS, its against their policy (even though IOS4 is fucked) So she has to go on the internet and figure it out which also voids her warranty apple should have made a legit way to downgrade and maybe they wouldn't be getting sued.
  

  
  
  
  

  12.11.2010 12:09 #30