Apple’s move to dismiss a putative class action lawsuit against the firm has been denied.
A group with over 100 members filed a complaint against the tech giant back in 2015, claiming that the iOS 9 operating system update was misrepresented to owners of the iPhone 4. Many users of the device, which was four years old at the time, reported serious performance issues when the update was released in September 2015.
Apple claims that the user agreement acknowledged by iOS 9 downloaders, warning of the potential issues that could arise, resolves them of any wrongdoing. However, a New York federal judge agreed that Apple represented iOS 9 as providing an optimised experience even for users of older hardware.
Because of the nature of Apple’s upgrade system, those who took the update were unable to downgrade to an older version of iOS, with many forced to purchase a newer model of the iPhone to get around the issue.
The group is seeking $5 million in damages.
