Québec class action goes ahead (battery gate)

[JF Mezei]

NOTICE TO MEMBERS
AUTHORIZATION OF A CLASS ACTION

Simon St-Onge v. Apple Inc. and Apple Canada Inc.
Superior Court File: 500-06-000893-178

“iPhone series 5 to 7:
Slowing down following update and replacement of batteries”

This notice concerns the judgments rendered by the Superior Court of
Quebec (district of Montreal) dated March 20, 2019 and November 26, 2019
authorizing a class action against the defendants Apple Inc. and Apple
Canada Inc. In her judgment modifying the authorized class dated
November 26, 2019, the Honourable Madam Justice Corriveau (j.s.c.)
describes the class as follows:

"All individuals and business entities in Québec who owned or leased an
iPhone SE, 5, 6, 7 and their sub-series (hereinafter collectively
referred to as the “Subject iPhones”) and have updated their iPhones to
iOS 10 and iOS 11 or later versions of iOS, or any other group to be
determined by the Court."

The status of representative was ascribed to Mr. Simon St-Onge.

The nature of the class action brought by the plaintiff on behalf of the
class members is a class action against Apple Inc. and Apple Canada Inc,
for price reduction, and for pecuniary and punitive damages.

Mr. St-Onge is asking the Court to determine notably whether the Subject
iPhones slowed down significantly, began to shut down abruptly, or froze
after updating to iOS 10 and iOS 11 or later versions of iOS, and
whether Apple knew (or should have known) and failed to warn class
members that the functionality and/or the performance of the Subject
iPhones would be negatively affected by the update. The Court will have
to determine whether Apple is liable to pay damages to class members
and, if so, in what amounts.

The main relief sought by the representative against the defendants can
be summarized as follows:
•The payment of a sum to be determined, to cover the following
reimbursements:
a) The cost of replacing the iPhone SE, and the iPhone 5, 6, 7 and their
sub-series and/or
b) The cost of the protection plans and/or
c) The cost of the replacement batteries and/or
d) Other economic damages.
•The payment of punitive damages in a sum to be determined;
•An order from the Court to cease the wrongful conduct.

A member can choose to opt out or be excluded from the class action by
March 11, 2020, at 4:30PM, at the latest.

The members of the class cannot be called upon to pay the costs of the
class action if the action is dismissed.

A new notice will be published when a final judgment is rendered.

The judgment authorizing this class action and the formalities relating
to the opt-out procedure can be found at the court office of the
Superior Court in the district of Montreal, and in the Registry of class
actions on the web site
http://e.cellphoneclassactioncanada.com/rd/9z1zvkpj7qj44nblemd327kvra9obpa63frfe84k1go.


The members of the class are represented by the following attorneys:

Delouya Markakis
428, rue Saint-Pierre, bureau 101
Montréal (Québec) H2Y 2M5
Email: in...@delouyamarkakis.com
Telephone: 514.286.9889

Cabinet BG Avocat Inc.
4725, Métropolitaine Est, bureau 207
Montréal (Québec) H1R 0C1
Email: bgam...@cabinetbg.ca
Telephone: 1-877-707-8008

THE PUBLICATION OF THIS NOTICE WAS ORDERED BY THE COURT

[Arlen Holder]

On 12 Feb 2020 10:31:30 GMT, Jolly Roger wrote:

> On 2020-02-11, JF Mezei <jfmezei...@vaxination.ca> wrote:
>> NOTICE TO MEMBERS
>> AUTHORIZATION OF A CLASS ACTION
>

> Idiots rejoice!!!

Hi J. F. Mezei,

You're not an apologist so an adult conversation can occur where that
conversation, in relation to your lawsuit in Canada, may matter, such as:
1. Apple is no longer _secretly_ throttling iPhones, and,
2. Apple _continues_ to build iPhones that _require_ throttling!

Also, the laws in Canada with respect to fraudulent actions may very well
be different than in the USA and/or other countries (particularly France).
<https://i.postimg.cc/QxvDFP51/liar05.jpg>

However so, as a related aside, I must reiterate how much I _love_ when
Jolly Roger posts because he owns the mind of the quintessential Apple
apologist.

*So we learn basically how apologists think by studying JR's actions.*

Notice a few things about these canonical apologists like Jolly Roger:
a. *They hate facts that DESTROY, in an instant, their belief system.*
b. *Hence, they instinctively respond with ad hominem vitriolic hatred.*
c. *And yet, they bring absolutely _zero_ on-topic value to the fore.*

As for the FACTS that JF Mezei, I will first note that Apple already
admitted publicly to the criminal act of willfully purposefully deception
and Apple agreed to pay the fine for their criminal act.
o Apple agrees to pay 25 million euros fine
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/l6gAjvW6aqQ>

Screenshots from links in that thread proving Apple committed the crime:
<https://i.postimg.cc/B6gyHjmf/liar01.jpg>
<https://i.postimg.cc/x11K1czb/liar00.jpg>
<https://i.postimg.cc/bvkPYvzj/liar03.jpg>
etc.

In addition, Apple added a notice that users now have a choice of:
A. Either unacceptable performance, or,
B. Unacceptable stability
After about a year or two of use (you MUST PICK ONE!).

Apple is _not_ stupid, so you'll note that this "choice" between either (a)
unacceptable performance or (b) unacceptable stability seems to be
implemented, one by one, in EVERY iPhone in recent years, e.g.,
o iOS 10 throttled iPhone 6, 6 Plus, 6S, 6S Plus, and iPhone SE
o iOS 11 throttled iPhone 7 and iPhone 7 Plus
o iOS 12 throttled iPhone 8, iPhone 8 Plus and iPhone X
o iOS 13 throttled iPhone XS, iPhone XS Max and iPhone XR
o iOS 14 ... may ... throttle the latest crop of iphones
Based on information in this reference:
o Now the iPhone XS, iPhone XS Max & iPhone XR get throttling software
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/Mzh1IvniDr8/HxchsGIFAgAJ>

Notice the reports that Apple is drunk on throttling are essentially true.
o It's a FANTASTIC marketing move in terms of planned obsolescence IMHO!

In fact, it's a BRILLIANT marketing move (Apple isn't stupid!)
o What is the most brilliant marketing move Apple ever made?
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/wW-fu0jsvAU/iUMbvDSxAwAJ>

This is VERY IMPORTANT to note that Apple is (one by one) throttling almost
all (if not all) the iPhones released in recent memory after only about a
year or two on the market due (IMHO) to inherently poor design.

We note in your press release that the newer iPhones "might" be included in
the class action suit (as well they should), but I note the adult nuanced
point that there are two issues, separated in time and action by Apple that
may strongly influence your Canadian class action suit moving forward:
1. Apple is no longer _secretly_ throttling iPhones, and,
2. Apple _continues_ to build iPhones that _require_ throttling!

Given these critical distinctions, it's imperative you keep us informed of
the progress of this landmark Canadian lawsuit, as the details are nuanced.
a. Apple _secretly_ purposefully throttled phones to less than half speed
b. When caught, Apple now gives you two unwanted undesired horrid choices
c. Worse, Apple _continues_ to add throttling software to slow down phones!
d. And, Apple admitted they committed the crime of purposeful deception.
(Yes, I know. Jolly Roger & other apologists said they knew all along.)

Given these nuances in detail, please do keep us informed of the progress.
--
Together purposefully helpful adults can keep us abreast of world events.

[JF Mezei]

On 2020-02-12 05:31, Jolly Roger wrote:
> On 2020-02-11, JF Mezei <jfmezei...@vaxination.ca> wrote:

>> NOTICE TO MEMBERS
>> AUTHORIZATION OF A CLASS ACTION
>

> Idiots rejoice!!!


Consumer Prtotection law in Québec is strong and class actions cost a
lot of money to people who lose. You should do some reserach before
calling a strong consumer protection law "idiots rejoince".

This process was setup some time ago and there are a lot of steps to go
though before a class action suit is allowed to proceed.

Prior to these phones, it was not an issue. And once Apple fessed up to
the battery issue and subsequent slow down of phone when battery health
low, further sales wouldn't be oovered. But those who bought phones
before Apple fessed up to the problem were sold a good that did not
match specs or expectations compared to previous models which did not
exhibit this.

[Arlen Holder]

On 14 Feb 2020 13:29:19 GMT, Jolly Roger wrote:

>>>> NOTICE TO MEMBERS AUTHORIZATION OF A CLASS ACTION
>>>
>>> Idiots rejoice!!!
>>
>> Consumer Prtotection
>

> This has little to do with protecting anyone, since nobody was harmed by
> Apple preventing spontaneous shutdowns of devices with dying batteries.

In other words:
o *It's good Apple halved CPU speeds; it's the only way to keep iPhones running.*

I _love_ when Jolly Roger posts because JR's posts allow us a view directly
into the astonishingly gullible mind of the average Apple apologist.

At least nospam doesn't believe half of what he says, but Jolly Roger seems
to actually _believe_ the myriad excuses he proposes for Apple's actions.

It was Jolly Roger, as I recall, who claimed only he, of all people on the
planet, knew that Apple was throttling CPUs even before anyone else did.

--
Of course Apple throttled iPhones; it's the only way to keep them running.

[Arlen Holder]

On Thu, 13 Feb 2020 23:31:08 -0500, JF Mezei wrote:

> But those who bought phones
> before Apple fessed up to the problem were sold a good that did not
> match specs or expectations compared to previous models which did not
> exhibit this.

Hi JF Mezei,

As you know, I broke this news to this newsgroup, where the apologists like
Jolly Roger have made myriad excuses for Apple's behavior from day one.

As I recall, Jolly Roger was one of the apologists who claimed he knew all
along Apple was throttling phones, even before we found out that Apple
quietly modified the release notes _after_ the release, which Jolly Roger
wasn't aware of when he claimed to know all along what nobody else knew.

The key facts are available for _rational_ logical sensible adults to
assess, which is the fact that Apple _secretly_ halved phone speeds. That's
just a fact.

The question is "why", where Apple's ridiculous argument that "the
batteries made me do it", is just not logical, rational, nor reasonable
IMHO.

It's pretty clear to me that the _secret_ throttling was because Apple
didn't wish to admit that their design was so poor design that the phones
wouldn't last even a year or two, at best (at that time).

No matter what the excuse Apple's rather talented lawyers fabricate, the
facts are that the _secret_ throttling almost certainly caused many people
to purchase new phones that they didn't need to purchase.

Never forget not only was the throttling _secret_, but Apple essentially
lied to Congress about it (in the same vein as Clinton didn't inhale); and
never forget Apple quietly changed the release notes _after_ the fact, and
even then, the powerd software blurb was so generic that only Jolly Roger
was prescient enough to know that the "feature" was to halve the speeds of
the CPUs of many iPhones in existence at that time.

Nobody knew that it was Apple _secretly_ halving the speeds, until the
benchmarks showed (a) phones drop to half CPU speeds after updating the iOS
release, and (b) phones with new batteries doubled their speeds, instantly.

All they needed to do was roll back their iOS, if possible, and they'd get
back their full CPU speeds. It's iOS that Apple purposefully used to
_secretly_ throttle the phones to half speed.

Since Apple has, we can presume, some of the best lawyers on the planet,
they'll likely get away scott free (IMHO), but at least in France, they had
to admit to the crime of intentionally causing people to purchase new
phones.

Let's hope the Canadian justice system is as good as the French.
--
Only apologists brazenly deny even what Apple clearly publicly admitted.

[Arlen Holder]

UPDATE:

Given throttling news was first broken to this ng way back in 2017
o Report says Apple 'Powerd' code secretly slows your iOS device
down to trick you into buying a new device
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/GdEtzzrc9F0/z57KTsmWAQAJ>

Apple in 2020 agreed to intentionally _secretly_ shortening iPhone
lifespan:
o Apple agrees to pay 25 million euros fine as Apple admits
"Apple committed the crime of deceptive commercial practice by omission"
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/l6gAjvW6aqQ>

With Apple finally admitting their guilt of a purposefully crafted criminal
offense in France, you'd think their admission they intentionally secretly
shortened the life of iPhones would grease the skids on the other lawsuits.

FACT:
o Under French law it is a _crime_ to intentionally shorten lifespan
of a product with the aim of making customers replace it.
<https://i.postimg.cc/rszF8z5S/crime05.jpg>
FACT:
o DGCRF, which is part of the French government, levied a _criminal_ fine:
<https://i.postimg.cc/d11sJLYJ/crime02.jpg>
FACT:
o *Apple did not contest that _criminal_ fine the government levied*:
<https://i.postimg.cc/HnL1QKxH/crime03.jpg>
FACT:
o *Apple accepted wrongdoing & said they will pay the _criminal_ fine*
<https://i.postimg.cc/jjkFp5dV/crime04.jpg>

Given that recent seminal development that Apple admitted to that crime...
o You'd think that fact would further along the pending related lawsuits.

JF Mezei has reported on the current status of the Canadian lawsuit:
o Quebec class action goes ahead (battery gate)
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/jmDdZewelrk>

And Alan Browne reported on the final status of the American lawsuit:
o Apple agrees to settle class action in US over throttling- $500M.
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/BR4edQQisYg>

Where the facts are clearly shown in this post, if people believe facts:
<https://groups.google.com/d/msg/comp.mobile.android/0zzVpdtAa_k/sYYAq6p0AQAJ>

Given those facts...
o Do you know of related lawsuits in other relevant developed countries?
--
Apologists believe what Apple says so much they hate what Apple does.