Angry Apple iPhone users file new class action lawsuit over iOS 7

“David Yastrab, individually and on behalf of all others similarly situated, has filed a class action lawsuit against Apple in California. Much of the complaint revolves around iOS 7 issues and the ‘Grayed out Issue’ in particular,” Jack Purcher reports for Patently Apple. “Whether the suit is worth more than $5 million dollars remains to be seen. Our report focuses on the “Nature of the Action” which provides a detailed yet narrowed overview of the lawsuit.”

“This is a consumer class action brought by Plaintiff on behalf of himself and all others similarly situated who acquired, in the United States and its territories and its protectorates, Apple’s iPhone 4, iPhone 4s and iPhone 5 (collectively, the ‘iPhones’) and experienced reduced functionality of their iPhones as a result of the updates to iOS, essentially forcing consumers to render their iPhones obsolete,” Purcher reports. “After downloading iOS 7, Plaintiff and Class members’ iPhones’ Bluetooth and Wi-Fi connections became ‘grayed out’ and unusable.”

Purcher reports, “The more than 100 member Class action lawsuit is seeking more than $5 million dollars according to what’s legally available to them in a case of this nature.”

Much more in the full article here.

81 Comments

    1. As an Apple user and one who does tech support for them I see many iPhones. Out of the clients none have experienced this, but I have. WiFi and Bluetooth worked fine with iOS 6. Upgraded to iOS 7 and both stopped working. Do a search on iphone 4S WiFi grayed out and you will find a whole bunch of hits.

      I took it to the Apple store and had them look at it. They would do nothing for me.
      First time I have been bitter about an Apple experience.

      Many on Craigslist being sold this way also. The seller just played dumb but when I tested the WiFi, it was grayed out.

      1. iOS 7 (for me) has crippled Remote. I have 2 Airport Express units in the house… one for the living room and one for backyard speakers. Worked perfectly with iOS 6. With iOS 7, it cuts out constantly, and sometimes doesn’t even see the devices.

        My only complaint. I really like the interface, and each update gets better.

      2. Weird. My wife and I each have a 4S, and our phones love iOS7. It was like getting a new phone. (Seriously, it probably cost Apple a sale last year, because my phone felt so new and better that I didn’t feel the need to upgrade.)

        ——RM

        1. Same here… Haven’t had a bit of trouble w/ my 4s and it alleviated my upgrade compulsion to some degree. Runs better than when I bought it.

  1. Neither my iPhone 4 or my iPhone 5 have suffered any loss of functionality whatsoever, nor has any iPhone owned by people of my acquaintance who also own them.
    Why don’t these idiots just take them back to an Apple Store and let Apple sort it out?
    Oh, wait, of course, everybody knows that all you have to do is visit some scumsucking lawyer, mention Apple, and he’ll guarantee a fat paycheck for ‘distress and loss of face in front of friends and family’
    What a load of bollocks.

    1. Since no one ever told you, you forgot, or you didn’t listen, I’ll say it: You never, ever, EVER upgrade ANYTHING on your computer while you’re in the middle of a project.

    2. I hate to say this, but the person most to blame for your Mavericks install issue is you. Upgrading a production machine in the middle of a project may have been unwise, unless it happened to be the time you were least busy (but if you are getting paid for using iMovie, I expect that isn’t the case, no offense intended). Even if it was the only feasible time to upgrade, you never, ever do it without an up-to-the-minute backup. The total inconvenience for an OS upgrade issue should be the amount of time it takes to revert to a backup. Anything past that is squarely on your shoulders.

      I really am trying to be constructive, so I am sorry if I am coming across as an ass. If you are just starting to get into video production, stuff like this happens, so it’s better to learn from it now, before higher paying clients’ projects are on the line. The only way to learn from it, though, is to see where it was that *you* went wrong, and not blaming Apple. As long as you don’t repeat this mistake, it’ll be a worthwhile error. They happen.

    3. Okay troll, I’ll bite. As someone who has worked as a creative pro for over 15 years, what kind of person claims their iphone as a professional tool used for editing? Editing video on ANY kind of phone is not acceptable, you hack.

    4. Dude … You can still use iMove ’09. It’s on your computer. Completely unchanged. I still use it when I need to edit a video because I don’t use it often and I’m too lazy to figure out the new iMovie.

      Apple didn’t ruin your project. You ruined your project.

    5. I’m not “pissed off” at all… I only wish some customization/personalization of icons and look of iOS and OSX might be soon possible.
      I’m amongst those people who really prefer Forstall’s approach vs Ive’s.

    6. Yup. But the fanboys will hate you here. You can’t be honest and objective you know. You’re not allowed to have an opinion of your own. Not unless you fall in line with them.

      1. Please look up in a dictionary what “objective” means. Personal taste is, by definition, not objective.

        Also, having an opinion is not a problem. Not liking iOS 7 is not a problem. What is irritating is
        – A few people going on and on and on and on…. and on, repeating the same couple of sentences incessantly.
        – And doing so with bombastic assurance that their personal subjective opinion is the final and ultimate word of truth.

  2. I did get several spontaneous restarts with iOS7, but it wasn’t until the latest iOS7 update that the both my iPad and iPhone seem unable to hold a WiFi signal. (Which is really annoying when streaming live video)

    Seems fine otherwise. As much as I don’t care for the new look, I really love all the new functionality.

    1. I had the wifi dropping issue on my iPad mini Retina. Lots of screen captures of it going in and out of wifi. I did get another unit from the Genius Bar and the problem persisted, though not as bad. I exchanged my Comcast modem and bought a new Airport Extreme. A recent firmware update to the Extreme seems to have solved the issue for me. My 5s and 3-4S’s have no problems with wifi graying issues; just my hair. I’ll testify for you Tim!

      1. Classic example of the fact that there’s multiple factors that come into play with computers. Every “connection”, be it wired, wireless, across the room or around the world, has at least two (AT LEAST TWO) connection points. You’re device is one point, an something else is the other point. Just because something isn’t working right doesn’t necessarily mean that it’s your device. The other end may not be working right.

  3. Class-action lawsuits like these benefit primarily the complainant’s attorneys. The affected users typically get something like a $50 iTunes gift certificate and a discount. The lead complainant will get a modest amount of cash for his/her time helping the attorney prepare the case.

    But the attorneys, that’s another matter. They manage to charge for time spent thinking about the case while shaving and driving to work and back. And they charge something like $400 per hour—or more.

    It’s all a racket. The iPhone users, who couldn’t download further iOS updates after they updated the version that broke their WiFi connectivity could have just gone to a Genius Bar.

      1. flyboyrls — perhaps you can share with us how one might restore to the latest software version, particularly considering that Apple does not provide for that and that there is no way of accomplishing it without an end-around (such as, jailbreak)

    1. Right! And here’s hoping that Apple executives are sucking that court-appointed Doberman dinner (my apologies to Dobermans everywhere) into every single meeting where this class-action nonsense has to be discussed, just so one such doggy downer gets to feel the pain his ilk cause.

      1. You do realize that Apple is required to pay over $1,000 per hour (plus 15% surcharges, plus time for his support staff to write up notes on every meeting he attends) for every single hour he spends on anything related to Apple, don’t you? If Apple drags that idiot (he’s hired another lawyer to teach him anti trust law and Apple must pay $1,000 an hour for that second lawyer to teach him, so I CAN call him an idiot.) into a meeting on this case, Apple will be paying him (and his firm) a few thousand dollars per meeting just to show up and sleep through it.

  4. I had no BlueTooth or WiFi connectivity issues at all on either my iPhone 4 or my iPad 2 after switching to iOS 7. My only issue has been with Safari on the iPad 2. Too many crashes, too many “server not available” no loads that don’t go away without re-starting Safari. It’s a 32 GB iPad 2 but maybe it’s RAM limited for the complexity of Safari and the web pages loading????

    And what kind of bonehead sues when upgrading to the latest OS on a machine that is 3 designs old. Apple was nice enough to allow the iPhone 4 and 4s to work with iOS 7 and gets sued? Jaheezus!

    1. My wife and I have 4S’s and have felt no need to upgrade (will for 6) since there have been no issues or complaints regarding iOS 7’s appearance or functionality. I’m don’t understand the whining. Go to an Apple Store if you’re having a problem, and AppleCare Plus is a must for peace of mind- even if it’s never needed.

    2. “And what kind of bonehead sues when upgrading to the latest OS on a machine that is 3 designs old.

      Let’s analyze this statement.
      Until July 2012, the iPhone 4s was the latest thing. That is less than two years ago. Is it unreasonable to update 2-year old hardware?

      Apple has created such a disposable electronics mindset, people think 2-year old hardware is obsolete.

      Consider the obvious: Apple is running the hands-down most environmentally destructive industry on the planet. From extraction of rare earth elements to manufacturing in China to fostering a global, disposable culture in which last year’s technology is casually thrown away for the Next Big Thing (the post above was a case in point). The electronics industry is environmentally destructive from start to finish.

      This is the reason for Tim Cook’s hypocritical green initiatives and eco-pandering horseshit. The initiatives began when Greenpeace started criticizing Apple for its business practices with the success of the iPod. Since then, all of Apple’s initiatives have been PR stunts with no true or lasting environmental impact.

      1. “Apple is running the hands-down most environmentally destructive industry on the planet.”

        Three points:

        1. You have gotta to be kidding me! You’re going to compare Apple to the oil, nuclear or car industries?

        2. And, seriously dude, if you want to make such a mind-bogglingly waaaaaaaay over-the-top statement like that, I’d ask you to back it up with a reference to extensive and serious research. I’m very certain you cannot.

        3. And if your actual statement is “The electronics industry is environmentally destructive from start to finish”, then, by simple logic, the biggest VOLUME producer would be the “most destructive”… and that’s not Apple.

        1. Don’t forget the aviation industry, and airlines. Don’t forget combustion motors. anything that runs on destructive energy processes.what about CD, DVD, BlueRay packaging etc. what about corn flakes carton packaging and on and on. so Apple is the sole bad one, right.

      2. Apple creating a disposable culture?
        Are you off your meds? You see more old Macs and Apple devices around than anything else, and they get sold on when people upgrade, thus increasing the lifespan far beyond any other manufacturer. There is still a G4 Mac tower in use at work, for example, a mate still has his ‘Anglepoise’ iMac, and another iMac that’s getting on for ten years old, I have a 2003 PowerBook…
        Idiot.

  5. The scum-sucking, bottom-feeding attorneys representing supposedly injured clients in this meritless lawsuit should be stripped of their licenses and no longer allowed to practice law.

    On further reflection, I think that wouldn’t be adequate punishment for the attorneys. What was it that Shakespeare said about lawyers? Oh, yeah….

  6. Agreed iOS 7 SUCKS and I am so glad I did not downgrade from iOS v6. However, the lawsuit is baseless. The iPhone still worked fine – albeit with an UGLY, UGLY, FLAT mess of an User Interface.

    That’s the problem with the USA. No one takes responsibility for their own stupid decisions. And worse yet, a lot of stupid people think everyone deserves the highest standard. For example, a headline from the British rag, “The Guardian”, – “Oklahoma execution ‘fell short of humane standards'” The BASTARD got more than he deserved. In one respect Islam has it right, “An eye for an eye”. They should have buried the BASTARD alive and let him rot. Another example is the poor homeowner who got robbed 3 times by some punk ass teenagers before killing the Bastards. He should have hung their dead bodies on the porch as a warning to other would be robbers. If you take “pity” on the those who commit the crimes then YOU are part of the problem.

    1. Wow, you really are an arsehole aren’t you ! Bet you love guns and are a long time member of the gun lobby group that Charlton Heston was the main public face.

      Get back to your still and bango and make white water canoe riders nervous.

  7. Happened to my 4S when I upgraded to 7. Took it to the Apple store (Southampton, UK) and they exchanged no questions asked. They said there was a known flaw in the hardware that was exposed by 7.

  8. I’m with them, only I’d complain about the degradation in usability. Because of the overall lack of contrast, parts of the UI are invisible to people with normal vision. First, the overuse of bright, bright, bright white. iOS7 s whiter than a KKK rally. The choice of colors that don’t contrast well, such as putting Invisible Ink Blue text on Eye Grating Green. Some people can’t even see that. Nearly invisible apps such as the Calendar, with floating text on KKK White with Imperceptible Gray lines. No consistency with controls: some buttons look the same as labels, others use underlined text like hyperlinks, some actually look like faint buttons. Lack of consistency in icons (shading is sometimes up, sometimes down, sometimes absent), icons that are hard to tell apart (phone, messages, and FaceTime), and icons with completely abstract designs that bear no connection to the apps (iPhoto’s NBC peacock icon and Games’ hot-air balloon icon). The total lack of artistry (everything is a circle or a rounded square), the flatness of the UI which severely reduces the amount of optical information and impairs usability. The overall effect of a low-budget Saturday morning cartoon, like a Yugo dashboard on a Lamborghini. The white point setting, designed to tone down the UI, grays out everything. There are too many flashlight apps (called Calendar, Contacts, Notes, and Safari), which don’t appear to have a UI at all. A fifth-grader with a ruler, a compass, and a box of crayons could do a better job. Some people actually like this UI, but people have actually ditched the iPhone for the Galaxy to escape iOS7. I know some. The very fact that iOS7 is reviled and controversial even among die-hard Apple fans shows that Picasso-like design is an esthetic trainwreck, and that Apple return to designing beautiful interfaces.

    1. The use of the term “kkk” in referring to white is unnecessary, but other than that I agree with your comments. Go to Galaxy, No, but it your comments on the UI, the inconsistency are spot on.

      1. I admit the characterization of white is extreme, but speaking in extreme terms is a form of shouting, and you only shout when you don’t think you are being heard. Apple is not hearing me, and they are not hearing a lot of other people, either. There’s a feedback page for OS X, but where is the feedback page for iOS?

        You can pry my iPhone from my cold, dead hands, but if you come up with a third-party OS with a compatible API, I’m buying.

        I saw a Microsoft Office installation disk on the Genius bar. It was marked “office use only.” I said to the Genius, “That’s what our problem is. You aren’t using your own products.” No wonder things are getting weirdly stupid. Two years from now, will OS X be adequate for the MacPro?

        I was on a bus recently. The customers shouted to the driver that he was going the wrong way. It wasn’t until half the passengers were complaining that he checked. If we had remained silent, we never would have gotten home. If only a few had complained, he would have thought that most were satisfied.

        Apple is the bus that’s beginning to go the wrong way in software design, and the passengers who love and care about Apple need to shout.

    2. My wife was just complaining about the Voice Memos icon. She understood the microphone icon before iOS 7. Coming from Alaska, where earthquakes are frequent, we don’t really understand why the earth-movement graph represents a voice memo 😉

  9. There is a matter of principal here. Buying a device with a particular feature set should not have that functionality reduced – intentionally- by an in service software upgrade. This is not the first time for Apple. The iPad lost functionality from iOS 5 to iOS6 . You tube, maps etc.

  10. He went to two stores to get the phone fixed and Apple turned him away. He had to buy a new phone because Apple wouldn’t fix the old one. Why shouldn’t he sue?

    1. I doubt that he has a reasonable case for suing Apple. What did he claim that needed to be “fixed” and what did he consider to be an adequate “fix”? I suspect the Apple personnel at both stores listened patiently to him and offered help that he turned down. Which is to say, he behaved as an unreasonable horse’s ass.

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