If you’ve ever had an iPhone 6, or one of its multiple versions, and you bought it in Spain, you’re in luck: Apple could have to compensate you with between 99 and 189 euros for it. The Organization of Consumers and Users (OCU) has been immersed in a legal process since 2020 against the company with the bitten apple for planned obsolescence. Now, two years after it all began, the entity has announced that it has filed a class action lawsuit on behalf of the 400,000 affected by the planned obsolescence of this range of iPhones.
This has been announced in a statement by the OCU, which considers that the technology giant updated the software in the different models of the iPhone 6 “to mask the performance problems of its batteries, knowing that this would cause a slowdown and loss of performance of the telephones”. “When doing this, the users thought that their mobile had become old, because it was going ‘slower’, a fact that pushed them to change the model,” the organization details in the text.
The OCU requests between 99 and 189 euros of compensation for the affected users
OCU accuses Apple of unfair, deceptive and aggressive business practices. For the organization, the Cupertino company has acted fraudulently by hiding information from users, thus violating the Unfair Competition Law and the General Law for the Defense of Consumers and Users.
For all the damage caused, the OCU asks the technology company for financial compensation for the affected users. The figure ranges between 99 and 189 euros and is the result of the sum of the amount of the battery (between 29 and 89 euros, depending on whether or not you accepted Apple’s replacement plan) and 10% of the price of the purchase of mobile phone (between 699 and 999 euros, depending on the model, capacity, etc.), which has been estimated as possible non-material damage.
The OCU considers that Apple “deliberately” conditioned consumers to renew their iPhone, causing them economic damage of between 40 and 80 million euros, approximately.
It is a collective lawsuit, which will also have no cost to users, whether the trial is won or lost. The OCU trusts that justice “will put a stop to these harmful behaviors for affected consumers and society in general.”
If you are or were the owner of an iPhone 6, iPhone 6 Plus, iPhone 6s or iPhone 6s Plus and you want to be part of this collective action, you only have to comply with the condition of consumer established by the General Law for the Defense of Consumers and Users. If you were a user of any of the versions of this range of iPhone, the OCU will send you an email from the organization for being “possibly affected identified by Apple in the Preliminary Proceedings 27/2021 followed before the Mercantile Court No. 10 of Madrid and as ordered by Order No. 470/2021 dated November 11, 2021 issued by this Court”.
A similar class action lawsuit that has already succeeded in the United States
The origin of all this class action filed by OCU is the controversial update of iOS 10, which reduced the power of the iPhone 6 in case the battery was degraded. Put another way, software updates caused a slowdown in phone performance. Apple also did not previously notify users of this contraindication. After learning of the bug, Apple tried to fix it with another update, but it was too late.
This problem in the iPhone 6 not only affects Spain, but it is worldwide. Other countries have presented demands similar to the Spanish one. Some have succeeded, such as the one presented in the United States in December 2017. Apple had to pay between 310 and 500 million dollars (from 278 to 447 million euros) to thousands of American users affected by the update of the iOS operating system 10.2.1. This victory created a precedent for other countries to be encouraged to denounce the company, as is the case of Spain.