After Apple admitted it had been slowing down older iPhones to extend their battery lifespans, it was hit by a wave of class action lawsuits alleging the company intentionally slowed down the phones to push customers toward buying new ones. Now, the plaintiff in one of the lawsuits, Harvey v. Apple Inc. (filed in the Northern District of California), has asked the court to temporarily stop Apple’s battery recycling program. Attorneys for the complainant Keaton Harvey say they want to prevent Apple from destroying any batteries (or battery testing data) that could be used as evidence in the suit.
Shortly after revelations of the throttling, Apple announced that it would replace the batteries in certain iPhone models for $29 if a customer brought the phone to an Apple Store.
“Given the ever-changing nature of Apple’s battery replacement program and the critical importance of that diagnostic data to this lawsuit, Apple should be required to preserve that data and produce it to Plaintiff’s counsel,” said Adam Levitt of DiCello Levitt & Casey in a statement.”Not doing so exacerbates the problem and further erodes consumers’ trust in Apple.”