There have been several reports recently that the new update, iOS 9, which has been launched by Apple for its iPhones and iPads has slowed down older iPhones, namely the iPhone 4S, iPhone 5 and iPhone 5S, and to an extent even the iPhone 6. But these complaints became official when one such angry user came out and sued the Cupertino major for misleading him – and other iPhone users – by claiming that the update was compatible with the iPhone 4S.

According to a class action lawsuit lodged by one Chaim Lerman with a New York district court, Apple has been accused of deceptive trade practices including false advertising by pitching iOS 9 as compatible with older iPhones. The lawsuit seeks over $5 million in damages from Apple.

“Plaintiff and other owners of the iPhone 4S were harmed when their devices’ software was updated to the newest version, iOS 9. The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone”, the lawsuit stated.

The petitioner has further alleged that Apple was aware that iOS 9 will slow down older iPhones and yet it continued to make false claims.

There’s no doubt that iOS 9 is a significant update over iOS 8, but instances of it, or for that matter any new update being pushed out by Apple, slowing down older iPhones aren’t new.

There’s a common thought among users that Apple takes the opportunity of releasing a new big software update as a pedestrian to promote its newer iPhones.