Man sues Apple for terminating Apple ID with $24K worth of content
Apple has been hit with a lawsuit alleging that its media services terms and conditions, which permit the company to terminate an Apple ID, are "unlawful" and "unconscionable."
Credit: Apple
The complaint, filed on Tuesday in the U.S. District Court for the Northern District of California, goes after an Apple services clause that states a user with a terminated Apple ID cannot access media content that they've purchased.
Through its terms and conditions, Apple retains the right to terminate an Apple ID. More than that, the lawsuit claims that Apple can terminate an account based on mere suspicion.
"Apple's unlawful and unconscionable clause as a prohibited de facto liquidated damages provision which is triggered when Apple suspects its customers have breached its Terms and Conditions," the lawsuit reads.
Additionally, the complaint claims that users with Apple devices will find their products "substantially diminished in value" if their Apple IDs are terminated, since they won't be able to access Apple services or purchased content.
The plaintiff in the case, Matthew Price, reportedly spent nearly $25,000 on content attached to an Apple ID. When Apple terminated Price's Apple ID for an alleged violation of its terms and conditions, Price lost access to all of that content.
According to the complaint, the $25,000 worth of media included apps, in-app purchases, programs and platform extensions, and related services. The plaintiff also alleges that Apple prevents users from accessing unused funds attached to an Apple account. Price, for example, had about $7 in iTunes credit.
The lawsuit doesn't specify why Price's account was terminated. However, it does claim that Apple shut down the Apple ID "without notice, explanation, policy or process."
It goes on to claim that Apple's conduct -- specifically, the clause and resulting terminations -- are "unfair, unlawful, fraudulent, and illegal," and alleges that Apple is in violation of several consumer regulations in California.
The lawsuit is seeking class action status, with a Nationwide Class consisting of people in the U.S. who have had their Apple IDs terminated.
It asks for a jury trial seeking a permanent injunction barring Apple from engaging in the allegedly unlawful behavior; restitution of funds lost during account termination; damages; and attorneys' fees.
Credit: Apple
The complaint, filed on Tuesday in the U.S. District Court for the Northern District of California, goes after an Apple services clause that states a user with a terminated Apple ID cannot access media content that they've purchased.
Through its terms and conditions, Apple retains the right to terminate an Apple ID. More than that, the lawsuit claims that Apple can terminate an account based on mere suspicion.
"Apple's unlawful and unconscionable clause as a prohibited de facto liquidated damages provision which is triggered when Apple suspects its customers have breached its Terms and Conditions," the lawsuit reads.
Additionally, the complaint claims that users with Apple devices will find their products "substantially diminished in value" if their Apple IDs are terminated, since they won't be able to access Apple services or purchased content.
The plaintiff in the case, Matthew Price, reportedly spent nearly $25,000 on content attached to an Apple ID. When Apple terminated Price's Apple ID for an alleged violation of its terms and conditions, Price lost access to all of that content.
According to the complaint, the $25,000 worth of media included apps, in-app purchases, programs and platform extensions, and related services. The plaintiff also alleges that Apple prevents users from accessing unused funds attached to an Apple account. Price, for example, had about $7 in iTunes credit.
The lawsuit doesn't specify why Price's account was terminated. However, it does claim that Apple shut down the Apple ID "without notice, explanation, policy or process."
It goes on to claim that Apple's conduct -- specifically, the clause and resulting terminations -- are "unfair, unlawful, fraudulent, and illegal," and alleges that Apple is in violation of several consumer regulations in California.
The lawsuit is seeking class action status, with a Nationwide Class consisting of people in the U.S. who have had their Apple IDs terminated.
It asks for a jury trial seeking a permanent injunction barring Apple from engaging in the allegedly unlawful behavior; restitution of funds lost during account termination; damages; and attorneys' fees.
Price v Apple by Mikey Campbell on Scribd
Comments
Of course, the plaintiff doesn't have to plead Apple's defense, so we will need to wait for the 20 days to see Apple's response.
At first I was going to suggest that it be refunded as a cash in the form of a check, but I can see how that could be abused. For example, someone finds a great deal on iTunes Gift Cards at 20% off, as is often the case. Let's say they buy $80,000 for a value of $100,000. They add those to a new iTunes account which they work to violate using only free apps which would then close out the account and refund them the amount of the gift cards now at $100,000 in cash. That's a problem, and making an upper limit on the cash payout isn't a great solution.
people talking about download your things, download all the apps for my phone?
and here is the clincher - my laptop and phone and tablet require my Apple ID to function, next minute you can’t even get security updates, you can’t even wipe them because that requires your Apple ID.
Sorry Apple, please don’t send your goons round to smash into my home and take everything that i have paid for outright, i own that book, i paid for those movies, no i use those tools for work, what you are taking the very phone out of my hand so i can’t call my lawyer
there are no analogies required. it is criminal
by the way, has anyone read the terms and conditions of iTunes and what happens to all your purchased music if you subscribe to Apple Music? i bet you haven’t. so sad too bad.
Is it not possible for you to update your OS? I do see that it's now unsupported by Apple since it's so old so I doubt any problems you're experiencing are going to be resolved unless you can resolve them yourself.
Good luck!
You give the impression you have crossed Apple and been punished. You break the rules, you pay the price.
Although it has happened, it is pretty rare such punishment is unjustified.
if you were buying books or CDs, you’d have shelves full of crap for your heirs to fight over (or haul off to landfill). With digital media, all that stuff just evaporates. It’s kinda funny they charge as much for it as a DVD or BluRay used to cost.
Nope. You screwed up and want your money back? You must be a comedian.
It's not premature for a douchebag class action lawyer.