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Class-action suit targets Apple for iCloud downtime

post #1 of 123
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A new lawsuit accuses Apple of participating in "unfair, unlawful, deceptive, and misleading practices" in promoting the simplicity and reliability of its iCloud service.

The complaint was filed this week in U.S. District Court for the Northern District of California by plaintiff Danyelle Comer and discovered by AppleInsider. The filing expresses dissatisfaction with Apple's transition from the paid MobileMe service to its successor, iCloud.

"Throughout the migration, Apple failed to adequately ensure that features MobileMe users were paying for would be accessible, including access to their e-mail accounts for which customers pay additional fees," the complaint reads. "As a result, numerous MobileMe users suffered damage from the inability to access their individual accounts."

The lawsuit asserts that Apple "misrepresented" its iCloud service in advertising it to customers. Specifically, it argues that paying MobileMe customers experienced "devastating consequences," and that Apple should have been better prepared for the transition.

"Unfortunately for many users it doesn't 'just work' and has resulted in a series of headaches due to lack of syncing ability, lack of email functionality and other complications and losses and corruption of data," the suit states. "In fact a number of users have been forced to hire outside technical assistance at significant cost, just to migrate to the iCloud platform or get around it to obtain minimal functionality of emails and other systems."

Lawsuit


The complaint cites an AppleInsider report published last October that detailed the inability of users to merge their Apple IDs as causing some issues in the transition from MobileMe to iCloud. Some readers had reached out to share their frustrations, such as one person had used one Apple ID to purchase applications and music that was separate from the e-mail address used for their preexisting MobileMe account. They were left in a position to choose between the e-mail address associated with their MobileMe account, or the Apple ID they used to purchase content.

The lawsuit also focuses on iCloud downtime causing an inability to access e-mail and other services. It accuses Apple of indicating that iCloud and MobileMe e-mail accounts are online and operational, when in fact users are unable to send or receive e-mails.

"Apple's most dedicated consumers, including those who paid for MobileMe service have continually experienced problems with iCloud migration, including lack of email for extended periods," the complaint reads.

The class-action suit accuses Apple of one count of violation of the Magnus-Moss Warranty Act, one count of unjust enrichment, one count of breach of express warranty, one count of breach of implied warranty of merchantability, and violation of the California Consumer Legal Remedies Act.
post #2 of 123
This is getting absurd.

So unless someone can guarantee that their product or service is available every second of every day, they get sued?

Ridiculous.
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"I'm way over my head when it comes to technical issues like this"
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post #3 of 123

For the love of  . . . .  Is there no end to the "beggary" that is today's legal system?  Don't have any skills?  Don't have any education?  Don't like to work hard?  Then don't just play the Lottery:  SUE!  Money will fall out of the sky upon thine head, and you won't have to do a damned thing to earn it except be a VICTIM.  Sainthood has been replaced with victimhood, and the new tablets of Moses are the class action lawsuits.  Pathetic.

post #4 of 123
We constantly read about this sort of thing on other cloud systems. CEOs apologize, users are angry and vent their frustrations in forums. All hell breaks loose.

But only Apple gets sued over it.
post #5 of 123

Someone should let those users who had "devastating consequences" that this law suite will only benefit the lawyers.  It would be interesting to read how many on this class action lawsuit had "devasting consequences" or just generally inconvenienced.  Isn't MobileMe still currently active or now just ending anyway.  I think the iCloud beta had disclaimers on not to rely on.

 

On the claim of having to choose between two Apple ID's.  There is no reason to combine two if you use one for purchases and one for email.  I use a different Apple ID for iTunes.  This account has been in place since they opened.  This account is not based on my email address and have changed its name because of possible security breach.  I have separate @me.com Apple ID that I use for Email and developer.  Having two didn't cause me issue before and doesn't cause me issue now on iCloud.

post #6 of 123

This won't make it to court.   There is no SLA regarding uptime with Mobile Me or iCloud. 

 

People need to understand that they can file all the court cases they want but percentagewise the 

odds of actually getting into a court room are small. 

He's a mod so he has a few extra vBulletin privileges. That doesn't mean he should stop posting or should start acting like Digital Jesus.
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He's a mod so he has a few extra vBulletin privileges. That doesn't mean he should stop posting or should start acting like Digital Jesus.
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post #7 of 123

It's a stupid California lawsuit but interested in the merge Apple ID angle.  Maybe Apple will allow that at some point, I find having two Apple IDs a pain.

post #8 of 123

Moronic !!!

To say the least !!

 

I just heard a commercial for Netflix,

where the advertisement states:

 

"Watch Netflix Instantly, on any device"

 

That looks like a class action lawsuit just waiting to happen.

 

Operative words are "instantly" and "any device"

 

We KNOW, "instantly" is MUCH FASTER than the actual experience of opening Netflix, and actually watching a movie

 

AND

 

"any device"   ....it doesn't work on a Zune or a Linux laptop

 

LAWSUIT, here we come !!!!

post #9 of 123

devastating? such drama. i dare say that EVERYONE who uses the Internet has backup emails—such as hotmail, google, AND yahoo.

 

the law firm is the only one that stands to gain, and not the people it represents in this class action suit. whatever amount they're suing for will become pocket money after the legal fees and whatnots are deducted. the final distribution to each person will be pitifully small.

 

if the law firm is doing this to keep companies in good behavior because it wants to be the good guy, then they should do this for free for the people they represent.

 

they're like "ambulance chasers"

post #10 of 123

Wow...I reckon next time my van won't crank I need to sock it to Chevrolet..dang sue happy people!

post #11 of 123

Wow, just wow. People, companies, products, services are not perfect 100% of the time.

 

I never expect that any service I subscribe to, or software or device that I purchase will operate, without any flaws, all of the time under every circumstance. I find Apple's products and services to be no less reliable than any others, in fact I find them in most cases to be far more reliable. This is just getting stupid. 

post #12 of 123

This country allow the abuse of law in a way that is so ridiculous..  I guess that person didn't took the time to read the terms and conditions of the service.

I had no issue migrating to mobile me, I miss some features but I won't sue Apple cause that... nothing is forever and also the lack of knowledge should not be a reason to blame the provider of any service..

 

In the terms of service found here: http://www.apple.com/legal/mobileme/en/terms.html

 

Clearly says>>>>>>>>

 

 

Changing the Service

Apple reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on our website and/or send email to your MobileMe account, notice of such changes to the Service. It is your responsibility to review our website and/or check your MobileMe email address for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service.

then bellow says the most important one:

13. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

Danyelle Comer failed to understand the TOS and is just looking stupid going mad at Apple..

 

post #13 of 123
Danyelle Comer, who filed this suit, is obviously a frequent Comer as she is totally fk'd up.
post #14 of 123
Quote:
Originally Posted by jragosta View Post

This is getting absurd.
So unless someone can guarantee that their product or service is available every second of every day, they get sued?
Ridiculous.

Would be fair if they guaranteed 100% uptime, I guess.

 

But I do wish iCloud was a leaner, meaner and more reliable service. It is annoying that Apple can't get iCloud sorted.  Using iCloud webmail with a Magic mouse for instance just doesn't work. Touch the mouse and scroll a thousand posts, which then need to load from the server. Pretty crappy imo. I'd much rather use the iCloud service than google's but Apple has some way to go. 

 

Wait a minute - maybe there is a class action in that. I am accustomed to Apple's products being awesome and yet parts of iCloud don't live up to my awesomeness expectations. C'mon you lawyers out there - class action time!  

post #15 of 123

Rubbish!

jgb
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post #16 of 123

I know it's easy to presume anyone who sues a large company over something not life-threatening must be a lazy jerkoff looking for a quick buck, but sometimes a lawsuit is the only way to get the attention of a large company. No one would go through the hassle and expense of hiring lawyers and filing if it was simply an issue of iCloud "not being up 100% of the time" as several posters here foolishly assert.

 

I suggest checking out http://www.hotcoffeethemovie.com/ for a reality check on these types of lawsuits (the whole movie's on Netflix). It made me do a doubletake. (at least watch the Susan Saladoff interview by Stephen Colbert at the bottom of that page)


Edited by Habanero - 5/18/12 at 10:42am
post #17 of 123

People who were paying for MobileMe have been using the service for free for the last 6 months so it is no longer a paid service and iCloud email is a free service also.

 

I can understand how people might be frustrated if they can't get their email, but when you rely on a free service with no guarantee, then you live with whatever deficiencies that service has or you use some other service if you are not satisfied.

 

If your needs are mission critical to the degree that you need to hire a paid consultant to work on your email connectivity then you should not be depending on a free service in the first place.

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post #18 of 123
Quote:
Originally Posted by ralphdaily View Post

It's a stupid California lawsuit but interested in the merge Apple ID angle.  Maybe Apple will allow that at some point, I find having two Apple IDs a pain.

 

It's a definite turn off to new users.  

 

Where I work it's 98% Mac and always has been but out of the 500 or so users I deal with directly, only a small fraction were previously using Apple's mail services.  Now with the rise of iOS, there is a real advantage to using iCloud and I help someone move onto it at least once a week or so.  Most have got an AppleID or two over the years for one reason or another and merging these disparate ID's or creating a new one that can be merged with whatever they were using it's pretty much the number one question I get when we start talking about it.   

 

These people are dedicated Mac users for years, many from System 7 days, they are buying into Apple's iCloud as Apple wants them to, and yet they are begin screwed over (their words not mine) by Apple simply because they failed to see the wisdom years ago of having a .Mac account.  

 

I understand the engineering reasons behind not being able to merge accounts, but from the user level it's a a very real and large problem.  

 

In many cases Apple is giving the middle finger to some of their oldest customers here.  They generally take in in stride when they find out, but there's a golden opportunity being lost here.  Apple is losing the chance to treat their customers better than they are treated elsewhere, and to make sure that their core users are being taken care of. 

post #19 of 123

There should be a class action lawsuit against class action lawyers for damaging businesses.

post #20 of 123

It's Magnuson-Moss warranty act, but the ambulance chasers might have screwed up their filing...in any case...it's a stretch. MM doesn't really apply here.

post #21 of 123

Frivolous.

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post #22 of 123

Really?  Seriously?

 

Anyone that's migrated their email or any other web service from one provider (or even server) to another more than once without a glitch is a rare bird.  It happens.  Get over it.  

 

The transition from Mobile Me to iCloud was completely flawless for me and tens of thousands of others.  Apple refunded me $99 to cover one year of Mobile Me service that I had already paid for.  They didn't have to but they did AND Mobile Me continues to work just fine.  Apple gave every Mobile Me user ample end-of-life notice.

 

I have five email addresses at three hosts including Apple and iCloud email is no more or less prone to being down than any other service in my experience.  Anyone who's life depends on a single email account probably shouldn't have a computer.

 

I'd like Apple to combine my iCloud and iTunes account ID's as well.  However other than being a tad inconvenient that doesn't prevent me or Ms. Comer from doing anything with respect to either service.

 

I have a lot of respect for most attorney's, but as mentioned, like any other profession there are slime balls that will take your money knowing full well that you'll get nothing in return.

 

If you don't like the provider, find a new one...or find a low-life that will file a lawsuit...I guess.

 

post #23 of 123
Quote:
Originally Posted by Gazoobee View Post

It's a definite turn off to new users.  

Where I work it's 98% Mac and always has been but out of the 500 or so users I deal with directly, only a small fraction were previously using Apple's mail services.  Now with the rise of iOS, there is a real advantage to using iCloud and I help someone move onto it at least once a week or so.  Most have got an AppleID or two over the years for one reason or another and merging these disparate ID's or creating a new one that can be merged with whatever they were using it's pretty much the number one question I get when we start talking about it.   

These people are dedicated Mac users for years, many from System 7 days, they are buying into Apple's iCloud as Apple wants them to, and yet they are begin screwed over (their words not mine) by Apple simply because they failed to see the wisdom years ago of having a .Mac account.  

I understand the engineering reasons behind not being able to merge accounts, but from the user level it's a a very real and large problem.  

In many cases Apple is giving the middle finger to some of their oldest customers here.  They generally take in in stride when they find out, but there's a golden opportunity being lost here.  Apple is losing the chance to treat their customers better than they are treated elsewhere, and to make sure that their core users are being taken care of. 

I choose to believe that a fix/solution for multiple IDs is in the work. Fortunately, since 1999/2000, I have had to update my primary email just once. That was the iTools to .Mac transition. Never switched to .me and was lucky (won't claim foresight) that my iTunes account is my .Mac email, and everything "just works"

What I would like, however, is to take the aliases I have and separate them out. That way, I can use the specific alias on my iPhone, my wife can use her specific alias on hers, and the kids can each use theirs on their iPods.
post #24 of 123

I always wonder what kind of loser would sue anybody for such a trivial thing. Did she get raped by an iPhone or something? 

 

According to what I see on Google, there's only one Danyelle Comer listed in the US. If this is the same person listed in the lawsuit., then their job is Business Banking Relationship Manager at JPMorgan Chase.

 

I've been to a few Chase ATM's before and they were either out of service or out of money. I've also run into a couple of bums sometimes sleeping inside a Chase bank's ATM areas late at night. This is a huge threat to everybody's safety and security, not to mention the biohazard threat that bums represent and I feel that Chase should definitely be sued for their lack of security and for the times when their services are temporarily unavailable to me and to other customers. I'd say that's a bit more serious than not being able to access your fucking email a few times.

 

Hopefully this dumb broad will get their lawsuit tossed out of court and somebody else will sue her for tying up the US court system with nonsense.

post #25 of 123
Quote:
Originally Posted by VinitaBoy View Post

...no end to the "beggary" that is today's legal system?

 

I think it's spelled buggery. lol.gif

post #26 of 123

Class-action lawsuits are very important to protect citizens from ruthless companies. Because of that, the US government should make a law that stipulates, to practice law i US, law firms and lawyers should be forced to take class-actions lawsuits and do them for free. Courts should point out a lawyer or law firm that should handle the case. If they denies or do a lousy job, they should lose all rights to practice law in US.

post #27 of 123
Quote:
Originally Posted by lkrupp View Post

We constantly read about this sort of thing on other cloud systems. CEOs apologize, users are angry and vent their frustrations in forums. All hell breaks loose.
But only Apple gets sued over it.

 

That's not true. Many companies are sued for similar reasons, justifiably or not.

post #28 of 123

I still don't get why someone would want to create a second Apple ID anyway.  I've run into zero issues having the same Apple ID since the iTunes Store opened in 2003.

post #29 of 123

I never get why people who use other devices and admittedly aren't fans of Apple, would take the time to post or even read posts on an Apple site. Kind of like going into a Porsche dealer from time to time, and telling everyone how much better his/her Chevy is than the Porsche. 

post #30 of 123

The civil litigation system in our country is simply out of control, and the class-action system in particular is very damaging to this country.  By gathering together large masses of people with minor issues that would not normally merit the time and cost of litigation, this class-action abuse makes it profitable for just about anything to be a cause for litigation.  The million "injured" will all get $1, while the law firm will get $1 million.

 

Write you Senators demanding an end to this abusive system, which is a drag on business and life in our country.  And if you actually voted for the Democrat Senator in your state who is in bed with these miscreants, consider voting them out of office next time.

post #31 of 123
Quote:
Originally Posted by AndroidUser View Post

I am not a fan of Apple as many of you may know, but I'm behind them on this one because this is pretty lame for having a class action lawsuit on downtime.. I mean come on, every site has downtime. If this actually goes anywhere, hell I'll just sue every company whenever they have a downtime and I'll be rich in no time.. sheesh.

 

He is converting to apple.. watch it.. soon he will be in denial  hehehe

post #32 of 123

deleted


Edited by kellya74u - 7/24/13 at 10:00am
post #33 of 123

This is pure sh1t. When my cable goes out, I don't first think of suing. Ridiculous!
 

post #34 of 123

Lawyers should be held accountable. That would stop this crap. Faruqi & Faruqi are just gold-diggers. This suit has little merit. Comer and the attorneys need to actually read the EULA (I doubt they can read though). Also, I wonder what the "damages" really are since iCloud is FREE. Coming from an IT background, I've seen some of the best internal email systems go down. It happens. You just better have your stuff backed up. :-)

post #35 of 123

They should also sue God for making it rain every other day.

Apple had me at scrolling
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post #36 of 123
Quote:
Originally Posted by eclecticInsanity View Post

Someone should let those users who had "devastating consequences" that this law suite will only benefit the lawyers.  It would be interesting to read how many on this class action lawsuit had "devasting consequences" or just generally inconvenienced.  Isn't MobileMe still currently active or now just ending anyway.  I think the iCloud beta had disclaimers on not to rely on.

Yes, there are disclaimers.

However, that doesn't stop people from suing - and Apple may settle if it's cheaper than fighting it. Attorneys will get $2,000,000 and the plaintiffs will get an extra 2 months added to their free iCloud service. /s
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post #37 of 123

I cannot see this lawsuit succeeding.  MMOs periodically experience unexpected downtime, and maybe I am wrong, but I do not see publishers being successfully sued.

post #38 of 123

deleted


Edited by kellya74u - 7/24/13 at 10:00am
post #39 of 123
Quote:
Originally Posted by SockRolid View Post

Frivolous.

 

Quote:
Originally Posted by Apple ][ View Post

I always wonder what kind of loser would sue anybody for such a trivial thing...

 

Quote:
Originally Posted by AndroidUser View Post

... this is pretty lame for having a class action lawsuit on downtime.. ... sheesh.

 

Quote:
Originally Posted by commoncents View Post

The civil litigation system in our country is simply out of control...

 

Quote:
Originally Posted by jungmark View Post

This is pure sh1t. When my cable goes out, I don't first think of suing. Ridiculous!
 

 

Quote:
Originally Posted by iVlad View Post

They should also sue God for making it rain every other day.

 

Quote:
Originally Posted by kellya74u View Post

I didn't sue when my home Time Warner Cable internet went out for 10 days...

 

No one here is in any position to judge if the case has merit based on the misleading AI headline. Watch Stephen Colbert's interview with the director of Hot Coffee for a very good refutation of the knee-jerk responses above (NOTE: I don't know the merits of the case either, so I'm not saying it has any-- I'm just saying because the headline was condensed for garnering clicks on AI, it's probably not a fair representation of what happened)

post #40 of 123

There are few things in life more bizarre than a lawyer accusing Apple of engaging in "unfair, unlawful, deceptive, and misleading practices."

 

And it's not just that virtually everything the legal profession does involves engaging in just those practices, it's that if you point out the a lawyer that someone else in his profession is behaving that way, his eyes go blank. While the legal profession wants to hold others to almost impossibly high standards of conduct, the profession itself has virtually no standards that apply to the behavior of lawyers. 

 

You can't, for instance, sue a lawyer who blatently lies when he sends you one of those nasty 'cease and desist' letters, despite the fact that he's not only giving legal counsel, he's giving you legal counsel that's both dishonest and bad for you.

 

 

 

 

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