Apple is in hot water in the courts once again, and this time it's not over refused warranties, missing chargers, or even antitrust allegations. This time, it's Apple's iTunes Store that's under fire: the popular platform for streaming and downloading music, podcasts, movies, and TV shows (among other things).
Apple could be facing a class action lawsuit over complaints of a misleading "Buy" function on iTunes. David Andino, the lead plaintiff in the case, has brought the company to court in Sacramento, California, claiming it is leading customers to believe they are purchasing permanent access to digital media—when in fact, that's not always the case.
Apple reserves the right to withdraw content from the platform at any time they choose. And if someone has spent money on the "Buy" option for a movie or TV series, and it disappears from the platform—well, tough luck, according to Apple.
So far, Apple's motion to dismiss the case was unsuccessful. The company tried to clap back with the argument that no customer could be naive enough to "believe that purchased content would remain on the iTunes platform indefinitely."
Apple further argued that Andino was not claiming a concrete injury as a basis for the lawsuit, but rather a speculative one, since he himself had not lost items he purchased through iTunes.
District Court Judge John Mendez's response was that while Andino had no concrete injury in his case, "the injury is that at the time of purchase, he paid either too much for the product or spent money he would not have but for the misrepresentation."
This economic injury is concrete and actual, not speculative as Apple contends, satisfying the injury in fact requirement of Article III. —Judge Mendez
While Andino had not lost money on iTunes, many others have "bought" movies or TV shows on the platform, only to find them gone sometime later. This is why Andino is seeking class-action status for the lawsuit, on behalf of everyone who has been misled and lost money on iTunes.
Judge Mendez has ruled out unjust enrichment in Andino's lawsuit so far, but it seems a ruling of injunctive relief may be achievable, with Apple possibly having to change the way its "Buy" option works for media on the iTunes store.
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