Every time Apple releases a major iOS update, older iPhone and iPod touch owners get disappointed. One such disgruntled person - Bianca Wofford from San Diego has filed a class action lawsuit against Apple for false advertising, unfair and deceptive business practices by encouraging iPhone 3G users to download iOS 4. Apparently, Wofford stated in the suit that the iOS 4 software update "rendered the iPhone 3G devices virtually unusable, constantly slowed, crashed or frozen".

Apple had released iOS 4.0 software udpate back in June and stated that a few new features like multi-tasking won t work on iPhone 3G. Wofford's lawyers wrote in the lawsuit (PDF) - "The true fact of the matter is that the iOS 4 is a substantial 'downgrade' for earlier iPhone devices and renders many of them virtually useless iBricks."

Wofford contended that not allowing iPhone 3G downgrade from iOS 4 to iOS 3.x was Apple's attempt to willfully manipulated consumers into purchasing the iPhone 3GS or iPhone 4. And due to the iOS 4 update, Wofford claimed that her iPhone 3G had gone from 99 percent reliability to "about 20 percent functionality".

Back in July, an Apple spokeswoman had acknowledged that the company was aware of the lag in performance of iPhone 3G post iOS 4 update and would be working on a fix. At the September 4 event keynote, Apple CEO Steve Jobs noted that the bug that lead to poor performance of iPhone 3G with iOS 4.0 would be solved in the iOS 4.1 firmware which was released on September 8. 

The complaint filed in San Diego County requires an approval from a judge to gain class action status. Wofford, in the complaint, stated, "Apple has falsely, intentionally and repeatedly represented to owners and consumers of the iPhone 3G that its new operating system for the device, iOS4, was of a nature, quality, and a significant upgrade for the functionality of all iPhone devices, when in fact, the installation and use of the iOS4 on iPhone 3G resulted in the opposite - a device with little more use than that of a paperweight." 

Apple iOS 3.0 update totally left out iPhone first generation and left many dissatisfied. Users who updated their iPhone 3G phones with iOS 4.0 weren't happy with the performance. The iOS 4.2 update is due later in this month and it better improve the performance of the iPhone 3G.