Ever since, Apple rolled out the iOS 9 update for its iPhones (and iPads), there have been numerous reports that the new update was slowing down older iPhones, namely the iPhone 4S, iPhone 5 and iPhone 5S, and to an extent even the iPhone 6.

Only now, someone has actually come out and sued the Cupertino major for misleading him and other iPhone users by claiming that the update was compatible with the iPhone 4S.

According to a class action lawsuit lodged by one Chaim Lerman with a New York district court, Apple has been accused of deceptive trade practices including false advertising by pitching iOS 9 as compatible with older iPhones. The lawsuit seeks over $5 million in damages from Apple.

“Plaintiff and other owners of the iPhone 4S were harmed when their devices’ software was updated to the newest version, iOS 9.

The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone,” according to the lawsuit .

The petitioner has further alleged that Apple was aware that iOS 9 will slow down older iPhones and yet it continued to make false claims.

There’s no doubt that iOS 9 is a significant update over iOS 8, but instances of it or for that matter any new update being pushed out by Apple slowing down older iPhones aren’t new. There’s a common thought among users that Apple takes the opportunity of releasing a new big software update as a pedestrian to promote its newer iPhones.

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