Apple iPhone 3G Lawsuit Over iOS 4 Update Problems Thrown Out of Court

November 11, 2011, By Leo Xavier

Apple has been busy with legal struggles against big companies for a while now. Last year, the company faced a lawsuit which was related to their iPhone 3G handset’s poor iOS 4 performance. Now, that case has been tossed out of court.

As you might know, the iOS 4 update for the iPhone 3G that came out in 2010 didn’t work as expected. The company later on released another update that fixed many of the problems.

But California resident Bianca Wofford was not satisfied with that.


Wofford filed a lawsuit against the company claiming that “Apple knowingly and intentionally released what it called a system software ‘upgrade’ that, in fact, made hundreds of thousands of [iPhones] ‘useless’ for their intended purpose”.

The lawsuit sought $5000 in damages for owners of the iPhone 3G, free upgrades to the iPhone 3GS or iPhone 4, and $150 in credits for lost services.

Now, it’s been a year after the case was filed and the court has finally tossed it out.

According to Judge Anthony J. Battaglia, who dismissed the case, the claims made by Wofford don’t fall under California’s Consumer Legal Remedy Act.

The iOS 4 software update was offered for free by Apple. Therefore it didn’t qualify as a “sale or lease” or “good or service” under that act.

Wofford can appeal or amend her suit, but we are expecting the ruling to be the end of this story.

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