Apple Again Beats Class Claims of Poor iPhone, iPad Performance

Apple Inc. has again won dismissal of proposed class claims that security fixes slowed down the performance of its iPhones, iPads and Apple TVs.

The proposed class failed to show they were personally harmed “by a purported performance degradation caused by” a software update designed to fix a security flaw, Judge Edward Davila of the U.S. District Court for the Northern District of California ruled Aug. 2.

The decision illustrates how tech companies facing claims in data security cases are often able to beat consumer class actions. It’s often difficult for plaintiffs to show how they were harmed specifically by a company’s alleged actions.

Apple released software patches in September 2018 in response to the Spectre and Meltdown chip processor security flaws that allowed cybercriminals to access sensitive user data. A group of users filed a lawsuit alleging the software patches slowed down the performance of various Apple devices.

The court found that the plaintiffs showed the possibility of an injury but not particularized harm. To keep a complaint in federal court, plaintiffs must show an alleged harm is concrete and particularized, affecting them “in a personal and individual way,” according to the opinion.

The court in January granted plaintiffs the right to amend their claims, but they failed to correct defects in an earlier complaint.

The plaintiffs can’t amend their claims again, the court ruled.

Wolf Haldenstein Adler Freeman & Herz LLP and Berman Tabacco represented the plaintiffs. Latham & Watkins LLP represented Apple.

Representatives for the Apple and the plaintiffs didn’t immediately respond to requests for comment.

The case is In re Apple Processor Litig., 2019 BL 288218, N.D. Cal., 5:18-cv-00147-EJD, 8/2/19.