On May 15, 2018, the U.S. District Court for the Northern District of California appointed Laurence D. King of Kaplan Fox & Kilsheimer LLP and Joseph Cotchett of Cotchett, Pitre & McCarthy as co-lead counsel in a series of over 50 class action lawsuits filed throughout the United States against Apple, Inc. In the Court’s Order, Judge Davila found that Mr. King and the firm of Kaplan Fox “have extensive knowledge of and experience in prosecuting complex litigation and class actions.” Kaplan Fox will now oversee the consolidation and coordination of the litigation nationwide and prosecute the case through trial, if necessary. Consumers in the lawsuits generally allege that Apple failed to tell them that the new software updates purposely slowed down their iPhones’ performance. Accordingly, Plaintiffs allege that Apple deceptively “throttled” the iPhones in order to get customers to purchase a new battery or upgrade to a new device altogether. The lawsuits are proposed class actions covering purchasers of iPhone models 6 and 7, and were filed after Apple admitted on December 20, 2017, that certain software updates were impacting the devices’ performance.
Since being appointed co-lead counsel, Kaplan Fox filed a consolidated class action complaint on July 2, 2018, against Apple following the coordination of 50+ actions against Apple into the District Court for the Northern District of California. Plaintiffs’ consolidated complaint alleges claims on behalf of consumers from all 50 states and says that Apple’s actions violated state consumer protection laws and the federal Computer Fraud and Abuse Act. The consolidated complaint seeks damages on behalf of iPhone purchasers.
Kaplan Fox has extensive experience representing consumers in cases alleging they were deceived by false advertising into purchasing consumer electronics, nutritional supplements, toys, and other household goods. Kaplan Fox’s dedication to protecting consumers’ rights has recovered hundreds of millions of dollars in class action cases that held companies accountable for consumer fraud. If you would like more information about our case against Apple, Case No. 5:18-md-02827-EJD, fill out the form below or contact us toll-free at 1-844-333-7660.