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ROBBINS GELLER RUDMAN& DOWD LLP

SHAWN A. WILLIAMS (213113)Post Montgomery CenterOne Montgomery Street, Suite 1800

San Francisco, CA 94104Telephone: 415/288-4545415/288-4534 (fax)shawnw@rgrdlaw.com

and SAMUEL H. RUDMANMARK S. REICHLAUREN E. KARALIS58 South Service Road, Suite 200Melville, NY 11747Telephone: 631/367-7100

631/367-1173 (fax)srudman@rgrdlaw.commreich@rgrdlaw.comlkaralis@rgrdlaw.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID YASTRAB, Individually and onBehalf of All Others Similarly Situated,

Plaintiff,

vs.

APPLE INC.,

Defendant.

)))))))))))

Case No.

CLASS ACTION

1. Violations of the Consumers LegalRemedies Act, California Civil Code 1750 eseq.;2. Violations of the Unfair Competition Law,California Business and Professions Code17200 et seq.;3. Breach of Express Warranty;4. Intentional Misrepresentation; and5. Negligent Misrepresentation

DEMAND FOR JURY TRIAL

strab v. Apple Inc.

Dockets.Just

http://dockets.justia.com/docket/california/candce/5:2014cv01974/276960/http://dockets.justia.com/http://dockets.justia.com/http://dockets.justia.com/docket/california/candce/5:2014cv01974/276960/

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COMPLAINT FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT -

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Plaintiff David Yastrab (Plaintiff), individually and on behalf of all others similarly

situated, brings this Class Action Complaint against defendant Apple Inc. (Apple or Defendant)

and alleges as follows:

NATURE OF THE ACTION

1. This is a consumer class action brought by Plaintiff on behalf of himself and all others

similarly situated who acquired, in the United States and its territories and its protectorates, Apples

iPhone 4, iPhone 4s and iPhone 5 (collectively, the iPhones) and experienced reduced

functionality of their iPhones as a result of the updates to iOS, essentially forcing consumers to

render their iPhones obsolete.

2.

Apple debuted the iPhone in 2007.1 Since the first generation iPhone, Apple has

released a new iPhone model every year: the iPhone 3G in 2008, the 3GS in 2009, the 4 in 2010, the

4s in 2011, the 5 in 2012, and the iPhone 5c and 5s in 2013.2

3. When the iPhone first debuted, it was described by the Wall Street Journalas a

beautiful and breakthrough handheld computer.3 Every iPhone comes equipped with a mobile

operating system called iOS,4which, according to Apple, is the foundation of iPhone, iPad, and

iPod touch.5iOS consists of a collection of software applications, known as apps, that allows

users to utilize all of the features of Apple products.

1 http://money.cnn.com/gallery/technology/2013/09/26/apple-iphone-timeline.fortune/2.html (lasvisited April 18, 2014)

2 http://money.cnn.com/gallery/technology/2013/09/26/apple-iphone-timeline.fortune/index.htm

(last visited April 18, 2014)

3 http://money.cnn.com/gallery/technology/2013/09/26/apple-iphone-timeline.fortune/2.html (las

visited April 18, 2014)

4 iOS is the software that controls all the basics of your gadget, including the look, feel, settingsand hardware. http://www.cnn.com/2013/09/18/tech/mobile/ios-7-upgrade-faq/ (last visited Apri18, 2014).

5 https://www.apple.com/ios/what-is/ (last visited April 18, 2014)

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COMPLAINT FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT - 2

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4. Since the iPhone was first released there have been many versions of iOS, the most

recent being iOS 7 and its update iOS 7.1.6Apple has released updates to iOS since the first iPhone

The first iOS update, iOS 1.1.1, was released a mere three months after the original iPhone was

released.7

i OS 1.1.1 added the iTunes Wi-Fi Music Store, which gave users the ability to download

music directly on their iPhones.8 Since iOS 1.1.1, Apple has released numerous iOS updates, all o

which add new features to the iPhone it is downloaded on.

5. Purportedly, users are prompted to download the newest iOS version onto their device

via a message from Apple when it is released.9 A true and correct representation of the aler

received by users to download iOS 7 appears below:

6 http://www.usatoday.com/story/tech/2014/03/10/apple-ios-7-update/6260611/ (last visited Apri18, 2014)

7 http://www.theverge.com/2011/12/13/2612736/ios-history-iphone-ipad (last visited April 18

2014)

8 Id.

9 https://www.apple.com/ios/what-is/ (last visited April 18, 2014)

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COMPLAINT FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT - 3

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6. Users have experienced vastly reduced functionality of their iPhones, including, mos

notably, Wi-Fi and Bluetooth connectivity issues, after downloading iOS updates onto their iPhones

7.

For example, as alleged herein, the Wi-Fi and Bluetooth connectivity issues

experienced by users (the Wi-Fi/Bluetooth Connectivity Issue or Grayed Out Issue) appears to

be most prevalent to iPhone 4s users who downloaded iOS 7.10

8. The iPhone 4s is the fifth generation in a line of touchscreen based smartphones

designed, developed and marketed by Apple. When the iPhone 4s was first launched, it came

standard with iOS 5.0. According to Apple, iOS 7 is a platform for over a million mobile apps

iCloud,11

and includes security features that prevent unauthorized access to Apple devices.12

iPhone

4s is the oldest generation iPhone currently sold by Apple.13 It comes in black or white, 8, 16, 32 or

64 GB models and is available for use on AT&T, Verizon, T-Mobile and Sprint networks.14

9. The iPhone 4s and its predecessor, the iPhone 4, share the same stainless steel body-

type, but are distinguished by the addition of Siri and iCloud in the iPhone 4s. Siri is speech-

recognition software that comes standard on every iPhone 4 and iPhone 5. It allows users to verbally

give their iPhones commands and tasks to complete. Because Siri is capable of both speech inpu

and output, it can purportedly speak back to its user. For example, if you ask Siri to add an item to

your personal calendar, it is programed to make the addition to your calendar and verbally confirms

that the task is completed.

10 http://www.copytrans.net/blog/how-to-fix-iphone-wifi-connectivity-issues/ (last visited April 182014) (stating: This is by far the most common iPhone WiFi connectivity problem. The issue isespecially widespread on iPhone 4S devices but users having the iPhone 4 and iPhone 5 have alsobeen known to experience the issue.)

11 https://www.apple.com/ios/what-is/ (last visited April 18, 2014) (stating: iCloud stores your

music, photos, apps, mail, contacts, calendars, documents, and more and wirelessly pushes them toall your devices. So if you buy a song, take a photo, or edit a calendar event on your iPad, iCloud

makes sure it appears on your Mac, iPhone, and iPod touch, too.)

12 Security features in iOS protect devices by, for example, encrypting iMessages and other

communications and setting up a passcode, which automatically encrypts and protects users e-maifrom third-party apps on the same device. https://www.apple.com/ios/what-is/ (last visited April 182014)

13 http://store.apple.com/us/buy-iphone/iphone4s (last visited April 18, 2014)

14 http://store.apple.com/us/iphone/family/iphone/compare (last visited April 18, 2014)

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COMPLAINT FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT - 4

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10. A true and correct depiction of Apples representation of how Siri replies to iPhone

users voice commands appear below:15

11. Siri requires either a Wi-Fi or Network connection. When using a Wi-Fi connection

for features like Siri, users do not risk incurring overage charges as a result of exceeding the allotted

data in a data plan purchased by the users cellular network, like Verizon, Sprint or AT&T (herein

after Network or Network connection).

12. In addition to Siri, the iPhone 4s originally came equipped with iOS 5. According to

Apple, iOS 5 was the first version of iOS to intro