Apple iPhones
Allegations: Failing to adequately disclose that products do not come with power adapters needed to charge devices
Apple’s iOS update
Multiple class-action lawsuits regarding an iOS update to Apple iPhones were transferred to be heard together as part of multidistrict litigation (MDL). More information on the MDL is below.
Case Name (Date)
In Re: Apple Inc. Device Performance Litigation
18-md-2827, N.D. Cal.
MDL No. 2827
(2018)
Product/Service
Several models of iPhones, including the 6, 6 Plus, 6s Plus, 7, 7 Plus, and SE
Allegations
Misrepresenting that an iOS update was compatible with older devices when the older devices did not function properly after the update was installed and the company did not disclose that consumers who installed the update would experience several issues, including slow performance, unexpected shutdowns, and problems with the battery
Status
Settled
(Final approval granted)
(https://www.smartphoneperformancesettlement.com/)
Class-Action Tracker
Powerbeats Headphones
Allegations: Deceptively marketing Powerbeats headphones as “BUILT TO ENDURE” and the “BEST HEADPHONES FOR WORKING OUT”
Apple’s Subscriptions for iCloud Storage
Allegations: Misleadingly representing that owners of Apple devices who purchase iCloud subscriptions get the storage in the plan plus the 5GB of storage automatically provided to all owners of Apple…
AppleCare and AppleCare+ Plans
Allegations: Misrepresenting that replacement devices under warranties will be new devices when they are actually refurbished, reconditioned, and secondhand
Apple Watches
Allegations: Misleadingly representing that the wristwatch is capable of measuring blood oxygen levels when the device does not provide accurate measurements
iOS Software Updates for iPhone 4s
Allegations: Misleadingly representing that the iOS 9 software was compatible with and would improve the performance of the iPhone 4s when the update slowed down the performance of phones and…
Apple’s Privacy Controls
Allegations: Falsely representing that Apple will not collect data about consumers’ activity in apps if they turn off certain privacy settings
Beats Powerbeats Pro Wireless Earbud Headphones
Allegations: Misleadingly marketing Beats Powerbeats Pro wireless earbuds
Apple Watch SE
Allegations: Falsely marketing smart watches as “swimproof” and water resistant when they’re not
Gambling Games in Apple’s App Store
Allegations: Promoting illegal virtual gambling games
Casino Gambling Games in Apple’s App Store
Allegations: Promoting illegal virtual gambling games
Virtual Casino Games on Apple
Allegations: Promoting illegal virtual gambling games
Disclosures in Apple’s App Store
Allegations: Using ratings categories that fail to disclose that certain games use loot boxes
Apple’s iCloud Storage
Allegations: Misleadingly representing that it would provide subscribers with iCloud storage when their data was stored on cloud servers owned by other entities
The Performance of Apple Devices
Allegations: Failing to disclose that devices unexpectedly power off due to a defect and an update resulted in reduced processing speeds and other operations
Digital Content from iTunes
Allegations: Misleadingly marketing that consumers can “buy” digital content when Apple does not own all of the content it sells and must revoke access to content if its license to…
DoubleU Games in Apple’s App Store
Allegations: Promoting illegal virtual gambling games
iPhone XR
Allegations: Failing to disclose that the iPhone XR has only half of the connectivity and 4G speed of the iPhone XS and iPhone XS Max
iPhone’s Water-Resistant Claims
Allegations: Misleadingly marketing phones as water resistant without clarifying the difference between water-proof and water-resistant
Digital Content Purchased from Apple
Allegations: Misleadingly representing that consumers may “buy” content by paying a higher price when Apple may revoke consumers’ access to “purchased” content at any time and for any reason
Screens of iPhone X, iPhone XS, and iPhone XS Max
November 2019: A federal judge dismissed claims that the company misrepresented the size of the screen, but allowed claims that the company misrepresented the pixel count to move forward. December…
MacBook Pro Laptops with Touch Bars
In August 2020, a class-action lawsuit was filed against Apple for allegedly misleadingly marketing the MacBook Pro laptop with a touch bar as having “truer-to-life pictures with realistically vivid details”…
Storage Capacity of Apple Devices with the iOS 8 Operating System
April 2020: The Ninth Circuit Court of Appeals reversed the dismissal and remanded the case for further proceedings. To read the decision, click here. November 2018: A federal judge dismissed…
2nd Generation Apple AirPods
In April 2020, a class-action lawsuit was filed against Costco for allegedly falsely advertising that 2nd Generation Apple AirPods are capable of wireless charging and come with a wireless charging…
Apple Chargers for the iPhone 7
A false advertising class-action lawsuit was filed against Apple Inc. in February 2019. Plaintiffs claim that the company misleadingly advertised that the iPhone 7 would be compatible with Apple chargers…
Apple’s Subscriptions to Digital Content
November 2018: A state court judge granted final approval of a settlement agreement. According to the terms, class members with an active iTunes Account will automatically receive a credit in…
2018’s Apple Shopping Event
In November 2018, a false advertising class-action lawsuit was filed against Apple regarding the marketing for a holiday sales event that ran from Black Friday to Cyber Monday. The complaint…
Season Bundles of TV Shows on Apple iTunes
In October 2018, a class-action lawsuit was filed against Apple regarding the marketing of television show season bundles on the iTunes store on Apple TV 4 and 4K devices. Specifically,…
Apple’s Powerbeats Headphones
In May 2018, a federal judge granted in part and denied in part Apple’s motion to dismiss a false advertising class-action lawsuit that was originally filed against it in September…
The Security of Information on iDevices
In July 2017, a federal judge granted preliminary approval of a settlement of a class-action lawsuit against Apple and several app developers. The 2014 complaint alleges that the companies misrepresented…
iPhone 4s and the iOS 9 Operating System
In November 2017, a federal judge denied Apple’s motion to dismiss a false advertising class-action lawsuit filed against it in 2015. The complaint, which was amended in 2016, alleges that…
Apple iMac
May 2014: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
The iTunes “Season Pass” of Breaking Bad Season 5
October 2014: This action was voluntarily dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. The dismissal was When a complaint is dismissed…
The Functionality of Apple iPhones
March 2016: A federal judge dismissed this action finding that plaintiffs did not satisfy the heightened-pleading standard for fraud-based claims and did not state a plausible claim. The dismissal was…
AppleCare Warranty
In November 2016, a class-action lawsuit was filed against Apple for allegedly deceptively advertising the AppleCare extended warranty purchased with Apple products by failing to adequately disclose details about the…
Apple’s Wi-Fi Assist Application
November 2016: A Notice of Appeal regarding the dismissal of this matter was filed. (Phillips and Cottrell et al v. Apple, Inc., Case No. 16-17189, 9th Cir.) October 2016: A…
Apple’s iPhone Upgrade Program
In September 2016, a class-action lawsuit was filed against Apple for allegedly misleadingly marketing that consumers who sign-up for the iPhone Upgrade Program and make monthly payments can upgrade their…
Apple iPhone 5 Wi-Fi Signals
August 2016: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have not been disclosed. December 2015: A…
Apple’s Siri
May 2016: The Ninth Circuit denied plaintiffs’ petitions for rehearing. April 2016: Plaintiffs filed a Petition for Rehearing and Rehearing En Banc (i.e., a rehearing by all of the judges…
Advertised Storage Capacity of Apple Devices
In February 2015, plaintiffs who filed a false advertising class-action lawsuit against Apple. Inc. voluntarily dismissed the case. The complaint, which was filed the same month, alleged that the company…
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