Apple sued over iPhone 3G performance under iOS 4

A California woman has filed a lawsuit against Apple, claiming that the company committed false advertising and unfair business practices by encouraging iPhone 3G users to download iOS 4. Wired reports that Bianca Wofford of San Diego is seeking class action status for the suit, and claims that the software upgrade made her iPhone unusable. “The true fact of the matter … is that the iOS 4 is a substantial ‘downgrade’ for earlier iPhone devices and renders many of them virtually useless iBricks,” the complaint reads. Apple admitted to less-than-optimal performance of iOS 4 on the iPhone 3G, calling it a “bug” to be fixed with the release of iOS 4.1.

The complaint also argues that Apple knew installation of iOS 4 on iPhone 3G units would degrade performance, and accuses Apple of releasing it for those handsets purposely to create an incentive for customers to upgrade to the iPhone 4. “Apple has falsely, intentionally and repeatedly represented to owners and consumers of the iPhone 3G that its new operating system for the device, iOS4, was of a nature, quality, and a significant upgrade for the functionality of all iPhone devices, when in fact, the installation and use of the iOS4 on iPhone 3G resulted in the opposite — a device with little more use than that of a paperweight,” the complaint argues. Wofford’s suit seeks damages and will require approval from a judge before class action status is granted.

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