User files suit over alleged slowing down of old iPhones

By Noddy A. Fernandez | Jan 13, 2018

ST. LOUIS — A consumer has filed a class-action lawsuit against various telephone companies, citing alleged fraudulent misrepresentation.

Daniel Borstelmann, on behalf of himself and all others similarly situated, filed a complaint on Dec. 24 in the St. Louis Circuit Court against Apple Inc., AT&T Corp., Verizon Wireless Services LLC, T-Mobile USA Inc., Sprint Corp., and Does 1-10 for alleged violation of the Missouri Merchandising Practices Act.

According to the complaint, the plaintiff alleges that he noticed that his iPhone's operating systems would slow down, particularly after certain iOS updates were performed, which caused him to constantly upgrade his iPhones. The plaintiff claims the defendants allegedly did not disclose or explain to similarly situated customers that Apple was purposefully and admittedly slowing down operating speeds of old iPhones. 

The plaintiff alleges the defendants failed to notify consumers of the slowing or throttling down of old iPhones, failed to notify consumers that replacing the batteries would improve iPhone performance, and failed to comply with standards in the industry.

The plaintiff requests a trial by jury; and seeks judgment in an amount in excess of $25,000 for punitive damages, post-judgment interest, attorneys' fees, and for such other and further relief as the court may deem just and proper. He is represented by Richard L. Woolf of Boyle Brasher LLC in St. Louis.

St. Louis Circuit Court case number 1722-CC12017

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Apple Inc. St. Louis Circuit Court

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