Lawsuit complaining about Apple's free 5GB iCloud plan is dismissed
A potential class-action lawsuit alleging that Apple tricked users into having to pay for iCloud is probably now completely dead, having lost an appeal before the Ninth Circuit.
Judges have not said Apple's 5GB free iCloud space is good or bad, the plaintiffs just haven't made their case
The case centered on the claim that it is "virtually impossible" for a user's requirements to be satisfied with the 5GB tier, and that it was effectively impossible for users to reduce their iCloud use. However, as noted by Law360, two of the plaintiffs were reportedly still on the 5GB tier.
Three Ninth Circuit judges considered the appeal, but said the plaintiffs had failed to prove their claims. The judges also noted that users have the option to turn off iCloud if they wish.
The case was originally dismissed on similar grounds in 2022 by Judge Haywood S. Gilliam Jr, of the US District Court for the Northern District of California. At that time, the judge rejected claims that Apple intentionally misled consumers over iCloud fees, although he allowed that the plaintiffs could amend their complaint.
It's not clear whether they did, but the plaintiffs did take the decision to appeal. They may yet do so again, but this time their only option would be the Supreme Court, which is unlikely to hear their case.
So Apple won this one, but it is still facing similar cases regarding iCloud. The UK's 'Which?' consumer group announced in November 2024 that it was filing suit with the aim of getting a $4 billion payout for "rip-off" iCloud prices.
Read on AppleInsider
Comments
i find iCloud extremely useful. I can carry my data with me without extra hard drives with me. All I need is wifi.
The devices cost thousands and the data is priceless.
I feel so tricked.
With that said, no Apple fan in their right mind should defend the status quo on that ridiculously small and pretty much worthless 5GB of storage. If you do defend 5GB as being all anyone needs, you might as well defend 128K of RAM as being enough because... hey... In January 1984, Apple said that was good enough! You Cupertino Worshippers tend to worship whatever is the norm in Cupertino at any given time, so it makes sense you would do that.
But real thinkers like Jason Snell of Macworld has analyzed the matter very nicely as follows:
Snell is 100% right on that. A "thank you" for buying a new device really is logical and reasonable. In other articles, Snell has rightfully suggested that if Apple want's to keep the 5GB magic number, go right ahead. Just give us 5GB for each new device we buy. So if I buy an iPhone, I get 5GB. If I buy a Mac, I get another 5GB, bringing it up to 10GB. If I then buy a third Mac, give me another 5GB. Maybe impose some limits, but you get the picture. Right now, you get only 5GB no matter how much Apple stuff you buy, which makes no sense at all.
And no, Cupertino Worshippers, Apple wouldn't lose a darned dime in doing that because some people would still need more than 10 or 15GB to storage all their photos online, making online backups, etc. Meaning, people would still buy supplementary iCloud storage. But people who opt to not buy it could then have enough free storage to do the most basic things.
I myself refuse to pay for iCloud storage. What I do when that stupid 5GB gets low is turn off things that use it. Backup? OFF! Photos? OFF! And then anything else. Sorry, but I won't be strong-armed into buying storage that I either cannot afford to buy or don't want to buy.
But like I said, even though that stupidly small 5GB pisses me off (mainly because it has never been increased after all these years), I would never sue Apple because that is even more stupid. Complaining about it, or even screaming about it online thought is perfectly OK. And sending Apple tons of FEEDBACK about it is also not only OK, but the right thing to do.
2) You're correct that Apple wouldn't lose "a darned dime"... they'd lose countless millions and eventually billions. Some people still buying additional data doesn't mean that they aren't missing out on sales. While I don't really expect you to have thought through how this might work like I quickly detailed in the first part of my reply, I would've at least expected you to at least realize that Apple would lose revenue.
3) It's laughable, at best to claim that a company needs to thank you for making a purchase. Are you such a fanboy that you don't need or want the device, but are doing it to help them out? Companies often do say "thank you" but it's all marketing. The transaction is all that matters in a free market. You agree to buy something at a certain price and you get that item or service in return with a reasonable expectation of how it will function. That's the agreement. That's the exchange. You saying that Apple owes you more than what was agreed is about as entitled as it gets. If you don't think a company is giving you enough value for your purchase then choose a different product. It's that simple.
4) Personally, I think iCloud's free tier isn't very competitive so I've created other ways in which to benefit from having iCloud without giving Apple an extra dime. That's how I vote, not with crying that Apple needs to be thank me for using their devices.
It becomes normalized to have something amazing so when things aren’t absolutely amazing, people think they're being cheated.
People need to grow up and get over themselves.
Even more laughable is your lack of knowledge that this has been talked about for a very long time by people far more influential in tech than me. John Gruber had this to say way back in 2018 about that paltry 5GB:
https://daringfireball.net/linked/2018/08/01/iphone-x-snell
End users have asked for 5GB "per device" even on Apple's own forum:
https://discussions.apple.com/thread/3893391?sortBy=rank
Back in 2021 9to5Mac asked if Apple would every increase the base storage:
https://9to5mac.com/2021/06/02/a-decade-of-5-gb-free-will-apple-ever-increase-base-icloud-storage/
So there's really nothing further I need to add. Your single vote as a Cupertino Status Quo Worshipper is outnumbered by sensible users. Even so, you can rejoice that Apple has so far listened to your voice. Rejoice! Because your beloved 5GB and only 5GB is here to stay for quite some time into the future. Be proud! You surely are pushing humanity forward by posing no threat to the status quo in Cupertino!
And as to Mr. Caknucklehead (who is very appropriately named, by the way), I put forth his knuckleheaded stance to ChatGPT, which had this to say:
Apple markets the 5GB of iCloud storage as "free," but it's not entirely free in the broader sense. Here's why:
Cost of Apple Devices: To access iCloud, you need to own an Apple device, which isn't free. Apple's ecosystem is a premium one, with iPhones, iPads, and Macs costing significantly more than many alternatives. iCloud storage is arguably part of the value you're paying for when you buy into the ecosystem.
Data Collection: While Apple has a strong stance on privacy compared to some competitors, offering iCloud storage allows Apple to keep users within its ecosystem. This indirect "cost" benefits Apple by creating brand loyalty and discouraging users from switching to competitors.
Limited Usability: The 5GB of storage is shared across all your data—backups, photos, documents, and app data—making it insufficient for most users. This scarcity often nudges users toward purchasing paid plans. It's a calculated strategy, not purely a free giveaway.
Marketing Hook: The 5GB tier is free, but it's also a way to upsell you on paid plans. The moment you exceed the limit, you need to pay. Apple likely sees this "free" tier as part of its customer acquisition cost.
So, while you don't pay cash upfront for the 5GB, you're "paying" through the cost of the Apple device, the data ecosystem lock-in, and the likelihood of being enticed into a subscription. It’s better described as a limited trial than truly free.
It's getting more and more irritating to hear a larger segment of the current populace complain about how they're so downtrodden and put upon.
No company is obligated to offer a free service to purchasers of their products. They may do so as an incentive but to claim any sort of obligation is absurd. The fact that people have requested it is simply an indication of their desire, not any obligation on Apple's part.
Don't get me wrong. I agree that the 5GB free tier is all but useless, particularly since it's remained stagnant as device requirements have increased. During that time, server and storage costs have also decreased, so Apple is actually spending less on the free storage option than they used to. That still doesn't put them under any legal obligation. From a business perspective, increasing the free tier would likely cost Apple some amount of money because it would cannibalize sales of the lowest paid tier.
The next question, and the real question posed by the lawsuit, is whether the free tier is essentially a bait and switch. The prices are clearly posted on Apple's web site and they even have a page detailing how to reduce your storage usage so one can't argue that Apple has hidden the prices or that Apple is tricking people into using more storage. As the article stated, iCloud is not actually necessary to use an iPhone. It is clearly the most convenient option but is is not necessary so there is no legal or rational argument that iCloud much less a paid iCloud subscription is required.
According to CIRP (at least as reliable as opinions expressed on rumor sites) 64% of Apple users pay for iCloud+ storage. So the cost doesn't seem to be some outrageous barrier to using the Apple system.
There's also the cost to Apple in this sense: 840,000,000 users x 1 TB (for instance, pick a number for the "free" storage and do your own math) = 840 Exabytes of server storage they would have to provide and maintain (thats almost a zettabyte). Who pays for that if it's all supposed to be free as a thank you for purchasing a device? CERN particle accelerator last year announced that they had finally passed the one exabyte capacity data storage level.
Furthermore, your use of “you need to work on your reasoning and rhetorical skills” is technically the very “attacking the person” that you seem to take a stand against. You simply chose to cloak your attack a bit more eloquently and politely than others.
Also, the objective of discussing these matters is not to “invalidate an argument.“. Do any of us change our minds based on forum rebuttals? I will guess the answer is NO. It is instead done to emphasize the reality of certain points being made which are either often overlooked, or treated flippantly by some.
For those reasons it would be wrong to interpret “Cupertino worshiper“ as unnecessarily “attacking the person.“ It is in fact describing the mentality of Apple fans who often come together to attack those in this forum who disagree with the Apple is always right narrative. When you disagree with Apple, even slightly, in this forum, you are in the crosshairs of many.
But even Cupertino Worshippers don’t remain such perpetually. Their positions sometimes change at any given time. People are too complex to put in a perpetual box like that. Some people who did fit that category in the past, no longer choose to remain in that category, for example. But when the descriptor fits, it is not wrong or invalid to point out what typically drives an argument.
But if you wish to stick with your “attacking the person doesn’t prove your point“ line of argument, then Xed’s followup “you sound as entitled As F@@K” jab at me would also most likely be in your crosshairs. Note that he directed that exclusively towards me, rather than having read the links that I posted previously. He didn’t consider that I am just one small drop in a greater pool of people who dislike that never changing 5 GB, almost useless tier. Not liking a not-so-free 5GB iCloud tier in no way makes me “entitled.”
AT the very least, changing the status quo and increasing that 5 GB in proportion to the purchase of new Apple products, for example, would be a positive change that would likely become a good “PR move“ akin to Apple boosting the base RAM in Macs from the paltry 8GB to 16GB.
It’s not a matter of what Apple “is legally obligated to do.“ It’s a matter of them further enhancing the joy of those who decide to choose Apple over its competitors. It really is as simple as that.
Needs here will obviously vary, but for me, I'm able to simply keep my iPhone photos synced via iCloud as a backup in case I lose my device, and then once a month — with a Calendar reminder in place — I plug my iPhone into my Mac and then copy all the photos over to Photos in my Mac. I then delete all the photos from my Photos app, providing they're no longer needed for whatever project I'm working on (which is usually never, since it's set up as a Sunday task).
This has the added benefit of me being able to delete, edit, rename, and organize into folders my photos for that month, which makes an otherwise daunting task manageable. I have countless years where they aren't organized and I really don't want to go back to do it, but I do try to squeeze in a month of back photo organization here and there. Maybe one day it'll be complete.
PS: I do wish that there isn't still(?) an option to auto-delete after copying over, but it's just a few extra seconds to do that task from my iPhone. In fact, this comment has taken longer to write than it takes me each month to do my manual upload and organize on my Mac.