Mike Peterson
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."
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.
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61 Comments
Class Action is quite premature.
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.
If the plaintiff has indeed egregiously violated Apple's terms and conditions to the point that warranted having his account terminated that would be acceptable, but I do think that unused funds in his account should be sent back to him as a gift card since he would then have the option or gifting it to someone else or signing up for a new iTunes account.
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.
I hope he wins regardless of the reason his account was terminated and they are forced to write consumer friendly rules. We are encouraged to buy digital but in reality, we are really renting content that they (Apple, Amazon, Google, all digital movie publishers, etc.) can take away at any time. Amazon can pull a book right out of your account after all. We need some rules around content that make our content ours. He definitely should have downloaded his content. But I have tried that and I don’t have enough hard disk space for all those movies!!!!
Hope he wins
there are so many reasons Apple could choose to terminate your ID. Things you do, things others do to you.
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.