AG Brnovich Leads $113 Million Multistate Settlement with Apple Over iPhone Throttling

Arizona will receive more than $5 million in settlement

PHOENIX – Attorney General Mark Brnovich announced a $113 million multistate settlement with Apple, Inc. regarding Apple’s 2016 decision to throttle consumers’ iPhone speeds to address unexpected shutdowns in some iPhones. General Brnovich, along with Arkansas Attorney General Leslie Rutledge and Indiana Attorney General Curtis Hill, led the investigation of Apple by more than 30 states.
Based on the multistate investigation, General Brnovich alleges that Apple discovered that battery issues were leading to unexpected shutdowns in iPhones. Rather than disclosing these issues or replacing batteries, however, Apple concealed the issues from consumers.  Apple’s concealment ultimately led to a software update in December 2016 that reduced iPhone performance to keep the phones from unexpectedly shutting down. 
The attorneys general allege that Apple’s concealment of the battery issues and decision to throttle the performance of consumers’ iPhones led to Apple profiting from selling additional iPhones to consumers whose phone performance Apple had slowed.

“Big Tech companies must stop manipulating consumers and tell them the whole truth about their practices and products,” said Attorney General Mark Brnovich.  “I’m committed to holding these goliath technology companies accountable when they conceal important information from users.”

Under the proposed settlement, Apple will pay Arizona over $5 million.  In addition to the monetary payment, Apple also must provide truthful information to consumers about iPhone battery health, performance, and power management. Apple must provide this important information in various forms on its website, in update installation notes, and in the iPhone user interface itself. 
Recently, Apple also settled class action litigation related to the same conduct, and under that settlement Apple will pay out up to $500 million in consumer restitution. More information on the settlement can be found here.
This case was handled by Civil Litigation Division Chief Counsel Joseph Sciarrotta, Unit Chief Counsel Matthew du Mee, and former Consumer Protection Section Chief Rebecca Eggleston and Senior Litigation Counsel John Gray.

Copy of the Complaint.
Copy of the Consent Judgment.