Class Action

The Functionality of Apple iPhones

Class Action

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 When a complaint is dismissed with prejudice, it cannot be refiled..

May 2015: Plaintiffs filed another complaint making similar allegations.

March 2015: A federal judge dismissed a false advertising class-action lawsuit against Apple. The complaint, which was originally filed in 2014, alleged, among other things, that the functionality of Apple’s iPhone 4, iPhone 4s, and iPhone 5 was reduced after installing the iOS 7 update. According to the plaintiffs, the company misleadingly represented the abilities and capabilities of the iPhones – including their ability to wirelessly download features and apps from new versions of iOS, and their Wi-Fi and Bluetooth connection capabilities – because the iPhones did not perform as advertised after the iOS 7 update was downloaded. The judge dismissed the complaint for two reasons: First, the named plaintiff did not specify one misrepresentation that he viewed, or where and when he viewed it; and second, the named plaintiff did not plead that he actually relied on a misrepresentation when making the purchase. The judge dismissed the complaint without prejudice, meaning that the complaint can be refiled. (Yastrab et al v. Apple Inc., Case No. 14-cv-1974, N. D. CA.)

For more information about other class-action lawsuits filed against Apple and TINA.org’s coverage of the company, click here.

 


Class-Action Tracker

Apple’s Siri

Class Action

Apple’s Siri

Allegations: Misrepresenting that Siri devices only listen to, record, and share conversations if users provide consent when the company intercepted, recorded, disclosed, and misused consumers’ private conversations without their consent

AirPods Max

Class Action

AirPods Max

Allegations: Marketing that products provide “unparalleled wireless audio” when a defect causes condensation that leads to several performance issues

Apps from Apple’s App Store

Class Action

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

Powerbeats Pro Headphones

Class Action

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

Class Action

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…

Apple iPhones

Class Action

Apple iPhones

Allegations: Failing to adequately disclose that products do not come with power adapters needed to charge devices

Powerbeats Headphones

Class Action

Powerbeats Headphones

Allegations: Deceptively marketing Powerbeats headphones as “BUILT TO ENDURE” and the “BEST HEADPHONES FOR WORKING OUT”

Apple’s Subscriptions for iCloud Storage

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Apple Watch SE

Class Action

Apple Watch SE

Allegations: Falsely marketing smart watches as “swimproof” and water resistant when they’re not

Apple’s iCloud Storage

Class Action

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

Class Action

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

Class Action

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…

iPhone XR

Class Action

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

Digital Content Purchased from Apple

Class Action

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


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