Image credit – iFixit

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Following Apple’s admission that they slow down older iPhones with older degrading batteries, Apple has since apologized and has launched a battery replacement program which discounts battery replacements from $79 to $29. However it seems that not everyone is thrilled with this program, and are looking at it as Apple’s way of disposing of the evidence.

This is what’s happening in the Harvey v. Apple Inc. case, where the plaintiff is requesting that Apple to keep the batteries that they replace in the battery replacement program. In a statement by the plaintiff’s attorney, Adam Levitt, “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. Not doing so exacerbates the problem and further erodes consumers’ trust in Apple.”

The motion also adds, “Class members are handing over evidence from their iPhones to Apple, without any assurance that Apple will not dispose of the replaced batteries or selectively use and/or dispose of the information gathered as a means of trying to avoid liability.” Of course whether or not Apple is indeed trying to “dispose of evidence” remains to be seen, but the motion is set to be heard on the 21st of February.

Filed in Apple >Cellphones. Read more about iPhone and Legal.

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