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Two Canadian Firms Looking to Hit Apple With a Class Action Lawsuit

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Ever since Apple admitted to slowing down older iPhone models with low-capacity batteries in order to keep them running longer, the company has been facing lawsuits from all over the world and now, Canada would be joining in on the Class Action litigation as well with two Quebec law firms seeking authorization from the Quebec Superior Court to file a class action lawsuit against the iPhone maker (via PatentlyApple).

Apple

The class action application, which claims that Apple’s warranty policies violate Quebec’s Consumer Protection Act, was filed on Dec. 29 after it was learned that the company admitted to slowing the performance of some iPhone models in certain situations. 

Joey Zukran, a lawyer at LPC Avocats, which filed the application for authorization together with Renno Vathilakis Avocats, says that Apple’s acknowledgment of the battery issue is evidence that it is violating the Consumer Protection Act.

Zukran stated that “There’s something wrong with this. The law is very clear on this point, especially on electronic devices, that the manufacturer of the product … has to guarantee the product for a reasonable amount of time.” Currently, purchasers of Apple products receive a one-year limited warranty while they’re able to purchase an AppleCare extended warranty. According to Zukran, that’s not enough.

Under Quebec’s Consumer Protection Act, goods “must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.”

So far, there have been 18 Class Action lawsuits filed against Apple since December 22.

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  • Bill___A

    As annoying and unethical this was of Apple, it certainly, in my informed and reasonable opinion, does not violate the act as it is worded below. They should face a penalty for doing what they did, I don’t deny that. But for violating this particular law? No. My iPhone 6 + is still “durable in normal use” and has not had the battery replaced.
    I am saying this even though I am very displeased with Apple at this moment.

    “Under Quebec’s Consumer Protection Act, goods “must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.”

  • BigCat

    I can see from your comment that your are not happy with Apple. Just out curiosity how has this battery management code affected you?

    This change has been in iOS since 10.2.1. Do you not find it even just a little surprising that it was not until iOS 11 came out along with the news story before most people started scrutinizing their phone performance. Of course there are those who are using phones with batteries that are several years old and have very high number of charging cycle. This group has and will continue to be affect by a drop in performance.

    Don’t get me wrong. If I could find information that demonstrated how and by how much Apple has dropped my iPhone performance I might also be an unhappy customer.

    Imagine if Canadians held our Health Care System to the same standards we place on Apple.

  • makeittalk

    It will be interesting indeed to see where this goes. Apple doesn’t learn easily from their mistakes. Somehow this has to be a lesson they remember. Perhaps all these lawsuits will change behaviour.

  • My 1/2 cents

    Dude. You’re trolling.

  • My 1/2 cents

    The lesson Apple has likely learned here is never to acknowledge the truth. Somebody at Apple slipped up and said the right thing.

  • Bill___A

    I would have been affected the same as everyone else. I’d like to know when I need to get a new battery, not have that fact hidden from me. And I have used geekbench since version 3 and my iphone 5, not “just now”.

  • BigCat

    Well, on a good week I have been known to make as many as four posts. Never really though that would qualify me as a “troll”.

    I assume from your post that you do not agree with my views a on this topic. And you could very well be correct!

    In the absence of better/more information I have just found the reporting on this matter to be somewhat unbalanced.

    For those interested I think one of the best stories put out on this topic was by Matthew Panzarino on TechCrunch, Dec. 20th. He was one of the first people to receive a statement directly from Apple.

  • mcfilmmakers

    Wrong. The lesson is to tell the truth FROM THE BEGINNING. This “feature” should always have been obvious, explained, and most importantly, OPTIONAL.

  • mcfilmmakers

    It absolutely breaks the law as written. From day one of sale, the software looks to curb performance to save battery life. The law requires the entirety of the device to last a reasonable amount of time. In this case, the duration of a two year contract. If the phone is mitigating performance from day 1, it isn’t lasting a single day without performance being less than advertised.

    Whether your battery needed replacing is irrelevant. The issue is not battery replacement, it’s throttling.

  • Tim

    I agree that Apple should be more transparent, but these lawsuits are being enacted by money hungry law firms. The average consumer will see very little, if not nothing, in terms of compensation. The battery replacement program is probably as good as it’s going to get.

  • BigCat

    If you have an iPhone that is currently under warranty and this code is kicking on because the battery has degraded then I absolutely agree. Apple would be obligated to correct this by replacing your battery free of charge.

    Remember, the codes algorithm is being triggered based on battery health this is how it was discovered. Clock cycles returned to normal when a new battery was introduced.

    One question people are trying to answer: Just how bad does that battery have to be before this occurs? Benchmarking software is not really able to isolate and measure the codes effect. Yes, it can see that something is going on with the clock speed, but this is not the whole story. Is the drop in performance on any given phone due to just the old battery or is it both the result of battery condition and code. And to what degree.

    For example: if you have a basically good battery and this thing is kicking in to a high degree then that would not be good. Conversely, if you have a crap battery then this is a great thing.

    As far as I can see Apple does not have any intention to remove this code. I would not be surprised to see it implemented on Android.

    Maybe somebody will come out with some data that shows this is really a lot worse than Apple is saying?

    A lot of upset people are going to be paying for a new battery just to see no difference in performance.

    Can’t begin to tell you how many times I upgraded my PC because a Microsoft Windows upgrade affected performance. Apples & oranges I know:) There just seems to be a lot of people that are mad as Hell based on blog posts and stories with titles such as “Apple Has Been Caught” or “Apple Needs To Be Punished”.

    Don’t whip me too badly boys….

  • mcfilmmakers

    They lied. That’s the issue.

  • Clu

    give a refund for the iphone to the current customers

  • amoyal

    Bingo!

  • Dave Currie

    Remind me never to hire you as an employee !

  • Albert Yong

    Could some of our friends out there help!!
    Could some of the insiders tell the brothers & sisters enslaved by our tech giants, tell us if the iphone battery replacement program involved actual, physical replacement of the li battery in the iphone 7? or was is a simple software tweak?
    Could some of the tech insider tell us if the factory software upgrades to our iphones can still disable (err 53, news in feb 2016) our iphones when the software identify repairs done that wasn’t performed by apple stores? because that would be scary since by disabling our phones, the tech giant could potentially hold the data in our iPhone from us users, effectively holding us hostage, unable to access our own data! unless we pay again and again to regain our OWN data! <I paid over $1,000 on 18 Feb 2017, and they want me to another $199 to have a workable iphone to access my own data? where is the justice?? Could someone tell me if the home button on the iphone 7 IS actually an integral part of the screen on iphone 7? and suspect that the home button with a finger print chip on it was NOT swapped during screen change, and the Apple rep COULD be misleading me by claiming that the Home button was replaced during the screen replacement I did overseas.. I would really appreciate any help from out there. And I believe that the tech giants we developed some admiration for, are really truly trying to abuse their positions and bully us consumers to pay unreasonable $$ to them!

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