In a new class action lawsuit, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.

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The lawsuit, which has more than 100 backers, goes as far to say that the iPhone 4s was rendered essentially unusable by the iOS 9 update (via AI). The members of the suit claim that app performance, of both first- and third-party apps, was hindered by the update, as was general device performance and touchscreen responsiveness. Some members claim they experienced freezes and crashes, as well.

The actual performance of the device is just the beginning of the suit, however. The lawsuit asserts that Apple, through “internal testing and/or through other means,” was aware of the effects iOS 9 would have on the iPhone 4s, yet it went through with the update and even advertised things like increased performance and battery life as improvements in the update. The plaintiffs argue that Apple should have at least warned iPhone 4s owners of the potential issues.

It doesn’t stop there, however. The suit goes on to argue that because of the iOS ecosystem, users are far more likely to buy a new iOS device than switch to a competition platform like Android. The plaintiffs argue that users don’t want to reinvest in nontransferable content such as apps.

The plaintiffs in the lawsuit are seeking more than $5 million in damages.

iOS 9 was criticized across the board when it first launched for slowing down even the newest generation devices. In our poll, 43 percent of some 33,000 responders said their iPhone was “significantly slower after the update.” iOS 9.1, however, claimed to fix that issue for most. The plaintiffs in this case, however, argue that the primary issue is “planned obsolescence” on Apple’s part.

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