software consumer-protection breach-of-contract lemon-law
Is there any cognizable harm that I could sue phone manufacturer, Pear, Inc. for?
<p>Pear, Inc. already has admitted that it purposefully slowed down Bob's uPhone with software upgrades, and therefore, Bob is concerned to update any new software from Pear.</p>
<p>Some time before in software update section in settings Bob used to have a &quot;download update button&quot; but after uOS 11 there are no &quot;download update button&quot; now, and it is replaced by an &quot;Install update button&quot;. As a result of this change, Bob's uPhone now downloads any update without any affirmative step of Bob. Once downloaded, the phone prompts Bob to upgrade the newly downloaded OS taking up significant space on the phone.</p>
<p>Sometime Bob gets notifications on the phone including: “Update will be installed after 10pm if connected to power”. That means, Bob either lets the phone die or accept that the phone will upgrade despite Bob's actual intention.</p>
<p>Bob hoped to cease this behavior of the uPhone and deleted the update. Unfortunately, after few days the update was downloaded again and prompted Bob to install again.</p>
<p>Bob is using a 4G-based hotspot service with limited data to all Bob's devices which results in undue and unintended consumption of the data allowance causing material harm to Bob every time an unnecessary update of 2.5gb is downloaded despite the express rejection of the update (in that it was deleted previously). The associated costs are significantly harming Bob financially as well as take significant and unnecessary time to revert the changes on the device.</p>
<p>Bob is effectively compelled into updating against his original intentions based on the bargain he made for the purchase of uPhone.</p>
<p>What statutes may Bob rely on to sue Pear?</p>

<p>You almost certainly can't (successfully) sue Apple because the license agreement that is part of the product you purchased almost surely gives it permission to do so. A tech support based solution would be a better alternative to litigation. </p>
