Automatic iOS 7 update prompting lawsuit

Ios 7

The most recent iOS overhaul that came with iOS 7 has been a talking point for iPhone owners over the last month or so. When the official release hit, many were unsure they liked the new operating system, and others downright refused to update to the newest OS. Many complained that the added functionality was not worth the new “cartoonish” look to the user interface. However, Apple’s over the air update system automatically downloads the files for the latest update without user consent, which has prompted a lawsuit from Mark David Menacher, a California man who claims that iOS 7’s 1GB+ file was downloaded to each of his family’s iOS devices without his consent. The lawsuit interestingly is not against Apple, but the company’s head honcho, Tim Cook. The filing in the claims court is titled “Mark David Menacher vs. Tim Cook.”

While this may seem like a relatively new issue, the automatic download actually existed when users were prompted to switch from iOS 5 to iOS 6 just last year. The download led some to complain about a lack of free space due to the large download. Below is an excerpt of Mark Menacher’s filing against Tim Cook himself.

Apple’s disregard for customer preferences in relation to iOS7 is corporate thuggery,” Menacher said in a statement. “Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits. It is a policy that will eventually fail.

Menacher is seeking a way to remove the downloaded file, as well as a $50 compensation. However, he is also said to be considering a class action lawsuit, as well as taking the lawsuit to a higher court. Do you think Menacher has a right to sue, or should he move on and forget about the iOS 7 download issue? Drop a comment below or tweet me at @TiP_Griffin.

Source: iDownloadBlog

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  • jabombardier

    I think that it is pathetic. It takes space to download the thing but once it’s in the overall space is the same like before the download…so starting a class action lawsuit over this is something I cannot make sense of

  • Dave

    I would consider being part of class action. When I downloaded ios7 on my iPhone 4 I was not aware of the performance repurcussions. My phone is practically useless because it is so slow and lags. I’m forced to purchase a new phone when I had a perfectly good iPhone prior to 7. More reason to despise apple yet I can’t seem to make the switch to android…

    • Orion11

      Just upgraded as well it crashed my iPhone 4, wifi is greyed out, erases numbers and drains the battery rather quickly. I did not have any problems with the IPhone 4S until iOS 7 was installed on the phone. The Apple support personnel did not know what to do after going through all the steps and tried restoring it multiple times. If apple won’t fix it I will be switching to another phone that is reliable.

    • Dan

      Same here. I demanded a replacement phone with iOS 6 which the Apple store granted but now Apple refuses to release the SSL patch for iOS 6 on the iPhone 4 which means I either have a device that is unusable because of bloated code killing an old, underpowered processor or unsafe because Apple hired incompetent coders.