Apple Sued Over Claims iTunes 'Buy' Button is Misleading
APRIL 27, 2021
A new lawsuit against Apple alleges that the company's 'Buy' button on iTunes content is misleading and deceptive because Apple can terminate your access to content at any time.
From The Hollywood Reporter:
"That's a question for a federal courtroom in Sacramento, California, where Apple is facing a putative class action over the way consumers can "buy" or "rent" movies, TV shows and other content in the iTunes Store. David Andino, the lead plaintiff in this case, argues the distinction is deceptive. He alleges Apple reserves the right to terminate access to what consumers have "purchased," and in fact, has done so on numerous occasions."
Apple filed a motion to dismiss the suit, however, Judge John Mendez rejected the attempt (in part), after finding cause to disagree with Apple's defense that "no reasonable consumer would believe" content on the platform would remain there indefinitely:
"But in common usage, the term 'buy' means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn't be revoked."
The judge also rejected Apple's claim that the alleged injury was speculative in the case, stating that "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."
The judge did dismiss the claim of "unjust enrichment", but the door is still wide open for the possibility of court measures that might force Apple to make changes to how it sells content on its platforms, perhaps by changing or removing the word 'buy'.
Whilst the case refers to the 'iTunes platform', Apple split iTunes into separate Music, TV, and Podcasts apps a couple of years ago, however, the principles of the suit and users 'buying' content remain.