Apple has been hit with a class action lawsuit accusing it of significantly slowing down the iPhone 4s with the iOS 9 update. The Plaintiff Chaim Lerman and others claim that iOS 9 update slowed down their iPhone 4s so badly that it interfered with the day-to-day usage of the handset.

The Plaintiff accuses Apple of engaging in deceptive trade practices and false advertisement by showcasing that iOS 9 works on the iPhone 4s. In reality though, the update slows down the phone so much that 4s owners are left with two options: spend hundreds of dollars on a new iPhone or use a frustratingly slow device.

In the lawsuit, the plaintiff also claims that Apple was aware of how iOS 9 will negatively impact the performance of the iPhone 4s, but the company still went ahead with its marketing campaign which promised improved performance and battery life.  Apple also failed to warn iPhone 4s owners about performance issues that they might come across after updating their device. A slower device will lead customers to spend hundreds of dollars to buy a new iPhone, which benefits Apple.

Furthermore, iPhone owners will buy a newer iPhone when faced with the choice because it is familiar and they can easily transfer their information, media, contacts, and apps without a major disruption in usage. There is no learning curve and no delays and trouble that accompany new information input. Thus Apple stands to benefit financially when older iPhones are slowed down and owners are forced to purchase a new phone.

The class action lawsuit is backed by more than 100 frustrated iPhone 4s owners and they are claiming $5 million in damages from Apple.

This is not the first time that a lawsuit has been filed against Apple for an iOS update slowing down the performance of one of its older devices. In the past, such cases have been thrown out of the court after an year or two, and it is likely that this case will also end with a similar result.