Claim for £750m against Apple launched over alleging battery ‘throttling’

Apple is facing a multimillion-pound legal claim that could reimburse millions of iPhone owners over a secret decision to slow down older phones in 2017.

An undocumented battery management system, released in a software update in January that year, slowed down the performance of older iPhones in order to stop them shutting down without warning. But Apple didn't give users the option to disable the setting, and did not warn them that their phones were being "throttled" deliberately.

Justin Gutmann, a consumer rights campaigner, has launched a claim against Apple over the decision at the Competition Appeals Tribunal. If he wins, the company could be forced to pay damages of more than £750m, spread out between the approximately 25 million people who bought one of the affected phones. The claim relates to the iPhone 6, 6 Plus, 6S, 6S Plus, SE, 7, 7 Plus, 8, 8 Plus and iPhone X models.

Gutmann argues that Apple's decision to throttle the phones wasn't disclosed to users at the time, and was introduced to disguise the fact that older iPhone batteries were unable to cope with the new demands placed on them. Rather than introduce a battery recall or replacement programme, or admit that the latest software update was unsuitable for older devices, Apple pushed users to install the update knowing it would worsen their devices' performance, he says.

"Instead of doing the honourable and legal thing by their customers and offering a free replacement, repair service or compensation, Apple instead misled people by concealing a tool in software updates that slowed their devices by up to 58%," Gutmann said.

"I'm launching this case so that millions of iPhone users across the UK will receive redress for the harm suffered by Apple's actions.

"If this case is successful, I hope dominant companies will re-evaluate their business models and refrain from this kind of conduct."