Apple’s Beats Headphones with Microphones
Allegations: Falsely advertising that products provide “optimized voice performance” and “loud, crisp, crystal-clear call performance”
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.
Allegations: Falsely advertising that products provide “optimized voice performance” and “loud, crisp, crystal-clear call performance”
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
Allegations: Falsely marketing when AI features would be available on iPhones
Allegations: Marketing that products provide “unparalleled wireless audio” when a defect causes condensation that leads to several performance issues
Allegations: Marketing products as safe when wearers may suffer injuries
Allegations: Falsely marketing products as “carbon neutral”
Allegations: Misrepresenting that apps from Apple’s app store have been vetted and reviewed, are safe and secure, and comply with applicable laws
Allegations: Falsely advertising products as designed for human health, environmental sustainability, and everyday use
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…
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…
Allegations: Falsely advertising that phones are unlocked
Allegations: Misleadingly marketing products as providing superior audio and having noise-cancelling features
Allegations: Misrepresenting that an iOS update was compatible with older devices
Allegations: Failing to adequately disclose that products do not come with power adapters needed to charge devices
Allegations: Deceptively marketing Powerbeats headphones as “BUILT TO ENDURE” and the “BEST HEADPHONES FOR WORKING OUT”
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…
Allegations: Misrepresenting that replacement devices under warranties will be new devices when they are actually refurbished, reconditioned, and secondhand
Allegations: Misleadingly representing that the wristwatch is capable of measuring blood oxygen levels when the device does not provide accurate measurements
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…
Allegations: Falsely representing that Apple will not collect data about consumers’ activity in apps if they turn off certain privacy settings
Allegations: Misleadingly marketing Beats Powerbeats Pro wireless earbuds
Allegations: Falsely marketing smart watches as “swimproof” and water resistant when they’re not
Allegations: Promoting illegal virtual gambling games
Allegations: Promoting illegal virtual gambling games
Allegations: Promoting illegal virtual gambling games
Allegations: Using ratings categories that fail to disclose that certain games use loot boxes
Allegations: Misleadingly representing that it would provide subscribers with iCloud storage when their data was stored on cloud servers owned by other entities
Allegations: Failing to disclose that devices unexpectedly power off due to a defect and an update resulted in reduced processing speeds and other operations
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…
Allegations: Promoting illegal virtual gambling games
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
Allegations: Misleadingly marketing phones as water resistant without clarifying the difference between water-proof and water-resistant
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
A lawsuit filed against Apple claims that the company “. . . has conveyed the misleading and deceptive message that the iPhone 4S’s Siri feature, a so-called voice-activated assistant…