Don't take up Apple's battery replacement offer just yet. You may be able to get it for free.

25
Found 29th Dec 2017
Earlier his year I obtained a brand new tablet because of a fault caused by a software update. I can't say who the manufacturer was or the model of the tablet in question as I signed a "No Fault" agreement and an NDA.

Under the Consumer Rights Act 2015, Part 1, Chapter 3, Section 46;
Remedy for damage to device or to other digital content(1)This section applies if—


(a)a trader supplies digital content to a consumer under a contract,


(b)the digital content causes damage to a device or to other digital content,


(c)the device or digital content that is damaged belongs to the consumer, and


(d)the damage is of a kind that would not have occurred if the trader had exercised reasonable care and skill

When you agree o the T&C's during the OS's installation you are entering a contract with the software provider. The term damage is vague but from a consumer perspective (or at least my argument was) that damage meant that the device was noticeably worse than before the software was updated. Section 46 lays out the remedy;
2)If the consumer requires the trader to provide a remedy under this section, the trader must either—


(a)repair the damage in accordance with subsection (3), or


(b)compensate the consumer for the damage with an appropriate payment.


(3)To repair the damage in accordance with this subsection, the trader must—


(a)repair the damage within a reasonable time and without significant inconvenience to the consumer, and


(b)bear any necessary costs incurred in repairing the damage (including in particular the cost of any labour, materials or postage).

You can find it here; legislation.gov.uk/ukp…ted

Those are the rights you can argue for. To do that you've got to go through these steps;

1) Contact Apple support either via email or online chat. The conversation has to be about the OS and the "damage" they caused. If they start talking about hardware warranties or taking it back to the shop you brought it from, reiterate the issue is not with the hardware, it is the damage caused by the OS. Be very specific in that you are claiming a remedy under the Consumer Rights Act 2015, Part 1, Chapter 3, Section 46 and give them a link. If they still try to charge you for it ask for the email or postal address for their complaints team. Screenshot the conversation for evidence.

Do not get arsey with them. They are just doing their job and you have to come across as the reasonable one.

2) Contact their complaints team, make them aware of the earlier conversation and say the remedy you want. If posting it, get a special delivery number for evidence. If they give you a free replacement, congratulations. If not, go to step 3.

3) Make a complaint via the EU ODR platform ec.europa.eu/con…=EN Apple's digital provider is in Ireland for tax reasons. Under EU law for consumer disputes, the laws from the country the consumer live apply, not the vendor's country. If you get you free replacement and/or compensation congratulations. If not go to step 4

4) You'll need to make a claim using an EU small claims court, my local one was in Swansea. The forms and procedures can be found here; e-justice.europa.eu/con….do

At this point you can only ask for money. I asked for the cost of a similar model that was available on their website plus court fees.

In your complaint to the court, state the issue Apple caused, state the remedy you want and why its appropriate. Make sure to use Apple's acknowledgement of the issue as your evidence they are at fault. Use the screenshot of your online chat, your correspondence with the complaints team (plus the special delivery number) and your ODR reference number to show the court that you took reasonable steps to resolve the matter and that its Apple being unreasonable that has led to court action.

5) Sit back and wait for the out of court settlement that covers all your costs. Mine was a £1,000 tablet.
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24 Comments
Cool story bro

No, seriously. I wish more people would do as you have done.
Or... They remove the software so your phone randomly turns off when the battery is low (which is the substance of your complaint).
Shengis14 m ago

Cool story bro No, seriously. I wish more people would do as you have …Cool story bro No, seriously. I wish more people would do as you have done.


To be fair the only reason I knew about this law was because Eurogamer mentioned it once. When I went to the Citizen's advice bureau initially they didn't even know it existed so I had to work this out myself. Even the ODR advisor said they weren't quite sure how to handle the dispute because they never came across it before.
GAVINLEWISHUKD11 m ago

Or... They remove the software so your phone randomly turns off when the …Or... They remove the software so your phone randomly turns off when the battery is low (which is the substance of your complaint).



Should be an option for the consumer to choose imho. I was wondering earlier if anybody had tested the speed of battery powered vs mains powered to see whether this is a constant slowdown or not? If as they say it's just to fix the shutdown problem then the devices should run at full speed when plugged in.
Shengis11 m ago

Should be an option for the consumer to choose imho. I was wondering …Should be an option for the consumer to choose imho. I was wondering earlier if anybody had tested the speed of battery powered vs mains powered to see whether this is a constant slowdown or not? If as they say it's just to fix the shutdown problem then the devices should run at full speed when plugged in.


They should indeed. Should be pretty easy for apple to do it as a software update. The only negative is it would generate many complaints about shutdown issues.
As for mains Vs battery. Sadly phones don't work like that. The mains doesn't bypass the battery it just charges it as you use it. As the total capacity of the battery doesn't change the throttling will continue.

It's a choice. Do you want a phone that lasts 8 hours and runs a little slow or one that runs for 5 hours than runs a little faster?
GAVINLEWISHUKD21 m ago

They should indeed. Should be pretty easy for apple to do it as a software …They should indeed. Should be pretty easy for apple to do it as a software update. The only negative is it would generate many complaints about shutdown issues.As for mains Vs battery. Sadly phones don't work like that. The mains doesn't bypass the battery it just charges it as you use it. As the total capacity of the battery doesn't change the throttling will continue.It's a choice. Do you want a phone that lasts 8 hours and runs a little slow or one that runs for 5 hours than runs a little faster?


That sounds like the mindset of a submissive cuckold.

I'l go with option C

A working device that can be used in standard accepted temperature ranges without significant degradation in performance.

You know, like every other manufacturer provides.

Oh and to answer your implied question.
If a 'shutdown issue" is created then Apple will be open to mass suing under UK consumer law.

There's few things more unsightly than a consumer who doesn' know about consumer law but is happy to discuss topics around it in a submissive way.
GAVINLEWISHUKD52 m ago

They should indeed. Should be pretty easy for apple to do it as a software …They should indeed. Should be pretty easy for apple to do it as a software update. The only negative is it would generate many complaints about shutdown issues.As for mains Vs battery. Sadly phones don't work like that. The mains doesn't bypass the battery it just charges it as you use it. As the total capacity of the battery doesn't change the throttling will continue.It's a choice. Do you want a phone that lasts 8 hours and runs a little slow or one that runs for 5 hours than runs a little faster?



That really doesn't make much sense.

For a start, both Android and Windows Phone/Mobile/Desktop offer a user selectable battery saving mode that by default kicks in at 20% battery life.

As the whole point of the throttling is to preserve battery life plugging into the mains automatically switches the throttling off because the phone won't run out of power.

Outside of CPU throttling I even have the option to select which aps can work in the background and which one's can't.

This battery issue was solved with more finesse over seven years ago by multiple companies.
Edited by: "Mattevansc3" 29th Dec 2017
robo98940 m ago

That sounds like the mindset of a submissive cuckold.I'l go with option CA …That sounds like the mindset of a submissive cuckold.I'l go with option CA working device that can be used in standard accepted temperature ranges without significant degradation in performance.You know, like every other manufacturer provides.Oh and to answer your implied question.If a 'shutdown issue" is created then Apple will be open to mass suing under UK consumer law.There's few things more unsightly than a consumer who doesn' know about consumer law but is happy to discuss topics around it in a submissive way.


Yes option 'c' is valid if this is happening in the warranted period. But Apple already do this so option 'c' is not needed.

Most other manufacturer just gives it you as an option (power saving). Be it a cheap android phone or an expensive high-end laptop. Apple decided (rightly or wrongly) to do it automatically in an attempt to make the phone experience better (subjective).

Tesla also limit performance on its cars with low battery states. A user can't overide this option. They do this to save the further accelerated battery degradation.
Mattevansc335 m ago

That really doesn't make much sense.For a start, both Android and Windows …That really doesn't make much sense.For a start, both Android and Windows Phone/Mobile/Desktop offer a user selectable battery saving mode that by default kicks in at 20% battery life.As the whole point of the throttling is to preserve battery life plugging into the mains automatically switches the throttling off because the phone won't run out of power.Outside of CPU throttling I even have the option to select which aps can work in the background and which one's can't.This battery issue was solved with more finesse over seven years ago by multiple companies.


We all know user defined options are their on Android and Windows for battery usage. They are also there for many other things that they are not on IOS devices. Why are all these option not available? Because most IOS users don't want options.

Ask most IOS users why they chose it and they will say things like "simple to use", "just works".
They don't care about stopping push notifications or limiting the Facebook app to extend the battery life.

Do degraded iPhones revert back to full speed when plugged in. I wasn't aware the software switched off when a degraded phone was plugged in? If so I am amazed it's taken people this long to work out the issue.
GAVINLEWISHUKD50 m ago

Yes option 'c' is valid if this is happening in the warranted period. But …Yes option 'c' is valid if this is happening in the warranted period. But Apple already do this so option 'c' is not needed.Most other manufacturer just gives it you as an option (power saving). Be it a cheap android phone or an expensive high-end laptop. Apple decided (rightly or wrongly) to do it automatically in an attempt to make the phone experience better (subjective).Tesla also limit performance on its cars with low battery states. A user can't overide this option. They do this to save the further accelerated battery degradation.


No it doesn't have to be in the warranted period as the claim isn't against the warranty.
It needs to be within 6 years of purchase under UK law and during that time you can start a money claim online.
Just give the rough details and now much money you want.
If Apple defend the case then look up the relevant legal wording for what is taking place here.
You could use wording from a few different areas of legislation for this violation of consumer law.

You got this so wrong and still your followup is looking at it back to front.

Other manufacturers have a power saving mode which is a separate thing and unrelated. It's clearly visible to the consumer and is to reduce power draw as needs dictate as a battery can only provide so much power etc. Throttling is a part of that feature but it's done in the name of reducing power draw so device can stay on longer.

Apple situation is different.
It's applying throttling behind the scenes to keep a battery operating correctly.
This makes the device materially different from purchased product and not what an average person would expect.
Open and shut case.
Edited by: "robo989" 29th Dec 2017
robo98910 m ago

No it doesn't have to be in the warranted period as the claim isn't …No it doesn't have to be in the warranted period as the claim isn't against the warranty.It needs to be within 6 years of purchase under UK law and during that time you can start a money claim online.Just give the rough details and now much money you want.If Apple defend the case then look up the relevant legal wording for what is taking place here.You could use wording from a few different areas of legislation for this violation of consumer law.


But how do you intend to prove that the battery (a consumable items that naturally degrades with usage) was faulty from day one when claiming within the 6 years? Nobody is suggesting the batteries are faulty, just the way apple manage the battery management.
GAVINLEWISHUKD32 m ago

We all know user defined options are their on Android and Windows for …We all know user defined options are their on Android and Windows for battery usage. They are also there for many other things that they are not on IOS devices. Why are all these option not available? Because most IOS users don't want options. Ask most IOS users why they chose it and they will say things like "simple to use", "just works".They don't care about stopping push notifications or limiting the Facebook app to extend the battery life.Do degraded iPhones revert back to full speed when plugged in. I wasn't aware the software switched off when a degraded phone was plugged in? If so I am amazed it's taken people this long to work out the issue.



No, Google and Microsoft switch off throttling when plugged into the mains.

All a degraded battery does is reduce the maximum charge capacity, other than that it behaves no differently to a standard battery. Power management software works the same on a normal battery as it does a degraded battery.

If an iPhone with a degraded battery does not turn off its power management settings when plugged into the wall then that's because Apple is telling it to behave in a non standard way.

That's also a big over generalisation of iPhone users.
robo98918 m ago

No it doesn't have to be in the warranted period as the claim isn't …No it doesn't have to be in the warranted period as the claim isn't against the warranty.It needs to be within 6 years of purchase under UK law and during that time you can start a money claim online.Just give the rough details and now much money you want.If Apple defend the case then look up the relevant legal wording for what is taking place here.You could use wording from a few different areas of legislation for this violation of consumer law.You got this so wrong and still your followup is looking at it back to front.Other manufacturers have a power saving mode which is a separate thing and unrelated. It's clearly visible to the consumer and is to reduce power draw as needs dictate as a battery can only provide so much power etc. Throttling is a part of that feature but it's done in the name of reducing power draw so device can stay on longer.Apple situation is different.It's applying throttling behind the scenes to keep a battery operating correctly.This makes the device materially different from purchased product and not what an average person would expect.Open and shut case.



You don't need to worry about the six years or the purchase date. You are claiming against iOS, not the iPhone, as its the iOS download that is instigating the throttling, not the battery or the CPU.
GAVINLEWISHUKD8 m ago

But how do you intend to prove that the battery (a consumable items that …But how do you intend to prove that the battery (a consumable items that naturally degrades with usage) was faulty from day one when claiming within the 6 years? Nobody is suggesting the batteries are faulty, just the way apple manage the battery management.


Because the battery was under specified, i.e. 1800 mah is far to small for a large screen smart phone.
Plus apple keep pushing newer ios updates which are only really suitable for newer phones and tend to ruin the battery life of older phones.
GAVINLEWISHUKD8 m ago

But how do you intend to prove that the battery (a consumable items that …But how do you intend to prove that the battery (a consumable items that naturally degrades with usage) was faulty from day one when claiming within the 6 years? Nobody is suggesting the batteries are faulty, just the way apple manage the battery management.


Again back to front.
There are times when the onus is on the consumer but here that isn't necessary as Apple have already stated they slow down the the item to preserve the battery.
Apple have stated the batteries are faulty from day one by needing to apply non standard practices to maintain their life.

It's all sequential logic.
Mattevansc31 m ago

You don't need to worry about the six years or the purchase date. You are …You don't need to worry about the six years or the purchase date. You are claiming against iOS, not the iPhone, as its the iOS download that is instigating the throttling, not the battery or the CPU.


Separate claim routes. Both valid.
Mattevansc36 m ago

You don't need to worry about the six years or the purchase date. You are …You don't need to worry about the six years or the purchase date. You are claiming against iOS, not the iPhone, as its the iOS download that is instigating the throttling, not the battery or the CPU.


If the feature was added after you purchased the product then I do believe that is an avenue you could pursue.
lumsdot11 m ago

Because the battery was under specified, i.e. 1800 mah is far to small …Because the battery was under specified, i.e. 1800 mah is far to small for a large screen smart phone.Plus apple keep pushing newer ios updates which are only really suitable for newer phones and tend to ruin the battery life of older phones.


That is not relevant. If they told you it was 3000 mAh but was only 1800 mAh then there is an issue. You were aware of the battery capacity before purchase.
Sadly adding features to software does have an effect on less powerful devices.
robo98917 m ago

Again back to front.There are times when the onus is on the consumer but …Again back to front.There are times when the onus is on the consumer but here that isn't necessary as Apple have already stated they slow down the the item to preserve the battery.Apple have stated the batteries are faulty from day one by needing to apply non standard practices to maintain their life.It's all sequential logic.


Apple have not stated affected phones have a faulty battery? If they had then that would be a different issue.
The batteries are functioning fine it is potentially the sortware control of them that is the issue at hand.
GAVINLEWISHUKD8 m ago

That is not relevant. If they told you it was 3000 mAh but was only 1800 …That is not relevant. If they told you it was 3000 mAh but was only 1800 mAh then there is an issue. You were aware of the battery capacity before purchase.Sadly adding features to software does have an effect on less powerful devices.


Apple were responsible for specifying such a small battery. Most people expect more than 2 years use out of a 700 pound device. If apple had specified a 2500mah to 3000mah battery, the same as other major phone manufactures, then there would be no need to cripple the phone to low speeds, using underhand software.
If you buy a cheap toy, you expect a small battery which does not last, a 700 pound device is not a toy
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robo9892 h, 11 m ago

No it doesn't have to be in the warranted period as the claim isn't …No it doesn't have to be in the warranted period as the claim isn't against the warranty.It needs to be within 6 years of purchase under UK law and during that time you can start a money claim online.Just give the rough details and now much money you want.If Apple defend the case then look up the relevant legal wording for what is taking place here.You could use wording from a few different areas of legislation for this violation of consumer law.You got this so wrong and still your followup is looking at it back to front.Other manufacturers have a power saving mode which is a separate thing and unrelated. It's clearly visible to the consumer and is to reduce power draw as needs dictate as a battery can only provide so much power etc. Throttling is a part of that feature but it's done in the name of reducing power draw so device can stay on longer.Apple situation is different.It's applying throttling behind the scenes to keep a battery operating correctly.This makes the device materially different from purchased product and not what an average person would expect.Open and shut case.


iPhones also have a power saving low power mode, which at standard automatically activates at 20
It's obviously a scam by Apple to make you think your phone is goosed and so you'll go and buy a newer model from them. They should be seriously fined for this and offer a high % off a new iphone.
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deleted5795931st Dec 2017

OP you say you can't mention the brand because of the NDA but then mention …OP you say you can't mention the brand because of the NDA but then mention Apple numerous times in your OP?



Because it wasn't Apple that I filed court papers against.
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