Apple Watch
Allegations: Marketing products as safe when wearers may suffer injuries
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 that information on iDevices was secure and could not be taken without owners’ consent when, according to plaintiffs, the companies failed to disclose security flaws and that information on devices was secretly uploaded, stored, and sometimes disseminated.
The settlement provides for a $5.3 million settlement fund from which class members who file claims can receive a portion, after other costs – including administration costs, attorneys’ fees, and incentive awards for named plaintiffs – are paid. The amount each class member receives will be based on the number of claimants and the number of relevant apps used by each claimant, and the award to class members will be in the form of an Amazon.com gift card credit or a postcard check.
A final fairness hearing is scheduled for December 14, 2017. (Opperman et al v. Kong Tecnhologies, Inc. et al, Case No. 13-cv-453, N. D. CA.)
Class-Action Tracker
Apple Watch Series 9, Apple Watch SE (2nd generation), and Apple Watch Ultra 2
Allegations: Falsely marketing products as “carbon neutral”
Apps from Apple’s App Store
Allegations: Misrepresenting that apps from Apple’s app store have been vetted and reviewed, are safe and secure, and comply with applicable laws
Apple Watch Sport Band, Ocean Band, and Nike Sport Band
Allegations: Falsely advertising products as designed for human health, environmental sustainability, and everyday use
Powerbeats Pro Headphones
Allegations: Marketing that headphones provide “up to 9 hours listening time,” charging cases provide “more than 24 hours listening time,” and devices provide continuous Bluetooth connectivity when they fail to…
The Security of Communications on iPhones
Allegations: Misleadingly marketing that iMessage and Facetime are secure methods of communication without disclosing that a flaw in Apple’s iOS software and T-Mobile’s SIM card practices allow iMessage correspondence and…
iPhones at Target
Allegations: Falsely advertising that phones are unlocked
Apple AirPods Pro Gen 1
Allegations: Misleadingly marketing products as providing superior audio and having noise-cancelling features
Apple’s iOS update
Allegations: Misrepresenting that an iOS update was compatible with older devices
Apple iPhones
Allegations: Failing to adequately disclose that products do not come with power adapters needed to charge devices
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…
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…
The Latest
TINA.org Supports FTC’s ‘Click to Cancel’ Rule against Industry Challenge
Companies should not be able to trap consumers into subscriptions that they do not want.
How Investing in the Cutting Edge Can Bleed You Dry
What consumers should know about software tethering.
By the Numbers: Greenwashing Class-Action Lawsuits
TINA.org has tracked more than 150 lawsuits alleging greenwashing.
2021 Reasonable Consumer Quiz
See how you stack up.
The ‘Buy’ Button in the iTunes Store
When you don’t own what you buy.