Bannister Law, the local law firm currently in the midst of a class action against Dick Smith Holdings, is considering taking action against Apple following iPhone performance throttling accusations.
Bannister Law revealed on 29 December 2017 it was investigating a class action against Apple for users of older iPhones which may be affected by software update iOS 10.2.1, which it claims may have resulted in longer launch times for apps and other reductions in performance.
If the law firm follows through with a class action against Apple, it would see it add to at least eight other lawsuits that have been filed against the tech company since the iPhone performance claims emerged.
“We encourage anyone who has purchased an iPhone and experienced longer launch times for apps and other reductions in performance to register their interest in the potential class action,” Bannister Law said in a statement.
Bannister Law said that a class action making similar allegation against Apple was filed in the United States on 21 December 2017, and that it has since been in contact with US lawyers to discuss potential collaboration on the case.
“We are investigating if there is a case to answer,” Bannister Law principal, Charles Bannister, said. “Consumers may not be aware or may not have agreed to purchase a phone that may slow down or not perform how it should after updating the software.
“We have spoken with consumers who have updated their iPhone software and experienced issues with phone usage.
“One consumer recently upgraded to an iPhone X after experiencing delays in opening their iPhone 6 email and text message apps after software updates. When the iPhone 6 was initially purchased the launch times for apps were quicker,” he said.
The potential move against Apple comes after Bannister Law formally filed one of two class actions being launched against Dick Smith Holdings (DSHE), by hundreds of the failed tech retailer’s shareholders has been filed in court.
The class action, launched against the liquidated entity remaining following the retailer’s collapse in 2016 -- now under the control of receivers, Ferrier Hodgson – was filed in the Supreme Court of NSW on 28 September 2017.
The case hinges upon the suspicion that Dick Smith Holdings allegedly made representations in its public listing prospectus, and at various times in the period from its listing on the Australian Securities Exchange (ASX) until the appointment of administrators.
In essence, it is alleged that during 2015, DSHE made decisions about what stock to purchase based primarily on the rebates that could be obtained from suppliers rather than focusing on buying stock that customers actually wanted to buy.
The case continues.