Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

apple iTunes class action
(Photo Credit: Anton_Ivanov/Shutterstock)

Apple iTunes Digital Content Class Action Lawsuit Overview: 

  • Who: A pair of consumers lodged a class action lawsuit against Apple Inc. 
  • Why: The pair claim Apple doesn’t tell customers the digital content they purchase is only for a license that can later be revoked.
  • Where: The class action lawsuit is pending in New York federal court.

Apple Inc overcharges consumers on digital content they buy from its iTunes store and related apps because it is only selling a license to the item, not its actual title, a new class action lawsuit alleges. 

Plaintiffs Trenise McTyere and Lucille Clark claim Apple misrepresents digital content as for “sale” when transactions involving them are actually just for its license, which can later be revoked. 

McTyere and Clark want to represent a Class of New York consumers who purchased digital content from Apple.

The plaintiffs say they both lost access to digital content they purchased from Apple after the company terminated its licensing agreement with the item’s owner. 

“Unlike in a true sale, Defendant can never pass title to the purchasing consumer,” points out the class action lawsuit. 

Apple Dupes Consumers With ‘Buy,’ ‘Rent’ Options in iTunes Store

Apple does not actually have any ownership over the digital content it sells on iTunes and is simply operating on a licensing arrangement that can be revoked without warning, according to the class action lawsuit. 

McTyere and Clark claim that Apple is required to remove the content if and when a licensing agreement is terminated, causing consumers to lose access to items they believed they had full ownership of and continued access to in their iTunes library. 

Apple does not inform its customers that they don’t actually own the digital content they purchase because it knows they would not be willing to pay as much for it, the class action lawsuit alleges. 

“If (Apple) called the transaction what it really is, some type of sublicensing arrangement, it could not charge nearly as much as it charges for the Digital Content by misrepresenting to consumers that it is a sale,” states the class action lawsuit. 

McTyere and Clark claim Apple is guilty of unjust enrichment and in violation of New York General Business Law

Plaintiffs are demanding a jury trial and seeking monetary damages including but not limited to statutory, compensatory, incidental, or consequential for themselves and all Class Members. 

Apple is facing multiple legal actions, including a similar class action lawsuit lodged by California iTunes users in April. 

Earlier this month, the company asked a California federal judge to reverse a ruling which would require the company to allow app developers to use third-party payment systems on its App Store. 

Also this month, Apple asked a judge to approve a $95 million class action settlement with customers who claimed the tech giant didn’t honor its AppleCare Warranty when it replaced broken iPhones and iPads with inferior “remanufactured” units.

Have you purchased digital content from Apple on its iTunes store or from a related app? Let us know in the comments! 

The plaintiffs are represented by Michael R. Reese, Carlos F. Ramirez, Charles D. Moore, and George V. Granade of Reese LLP. 

The Apple iTunes Digital Content Class Action Lawsuit is McTyere, et al. v. Apple Inc., Case No. 1:21-cv-01133, in the U.S. District Court for the Western District of New York.


Don’t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

48 thoughts onApple Overcharges, Misrepresents Digital Content It Sells to iTunes Customers, Claims Class Action

  1. Susan Warr says:

    I live in Memphis, TN and have been having this SAME PROBLEM with Apple for YEARS. Against my better judgment, I have contacted Apple support in various ways over the years. It’s true that they will tell all kinds of lies to avoid admitting stealing from their customers. Please contact me. I would love to be included. I have started physically printing out my correspondence with Apple for evidence.

  2. Jeff Tinker says:

    I would also to be added to the lawsuit. I have purchased several hundred songs from iTunes that were downloaded as the clean version. Several of these songs have been changed from the clean version to the explicit version. I also have over 3000 songs downloaded from CDs, and several of those songs were changed from clean version to explicit version. When I contacted iTunes support, I was told that due to licensing agreements with the artist there was nothing they could do about it. When I told them that multiple songs were from downloaded CDs that they changed, they said they would look into it, but I haven’t heard anything back .

  3. K Michael McIntyre says:

    I’ve noticed it once or twice and now I really noticed it in that I used to have a decent size cash of Christmas songs. They’re all gone now except for four I had bought and paid for all of these. There were no of those torrent things or whatever those whatever that is, people used to do decades ago, I may have experimented with that long ago but the sound quality was much worse and the cost of what I thought was buying through iTunes was so reasonable but I didn’t know that it was a temporary thing they could take away it anytime! Now I find I no longer have Christmas music and I’m worried to turn around and buy the same thing again when they may turn around and take it away again!

  4. Joseph Zelaya says:

    I’m in. Purchased multiple song from iTunes app and songs are either gone from my playlist or substituted to an awful version.

  5. Garry Fanthorpe says:

    Just came from Apple Store where I went for help syncing iTunes on my iPhone and iPad. I was told iTunes no longer exists as an app only Apple Play. Like others I thought I was buying the electronic equivalent of a CD, but I as others were wrong and wronged by Apple.
    We’re

  6. Nancy artalejo says:

    Yes please add me too.
    *******in addition Can you guide me on how to get on the list of unclaimed money awarded in the refurbished devices because I’m surprised that I was only on there for 1 claim on the refurbished devices lawsuit. I’ve had Apple devices since 2012 along with apple care. I still have In my possession some of the apple refurbished devices and they do not work properly. The process is overwhelming when having to deal with Apple care on any of there non working replacements!
    I wished I would of know this lawsuit was taking place at the same time that I’m dealing with my claim on a refurbished iPhone 12 Pro Max 256 gigabyte.. Att’s insurance company Assurion transferred the to Apple care team to do more troubleshooting after there 3rd refurbished replacement. 4 months later I still received 3/4 more refurbished replacements on the same claim through Apple / Att / Assurion. To add to this picture a manager at Apple on the last call still sent me a refurbished phone replacement. I thought he really understood all the pain and suffering I had been put through, but to my surprise when I got the package from Apple it was a mint get refurbished phone. I’m still dealing with the same phone and it still does not work as it should! People still can’t hear me especially while on a speaker call. And Siri does not come on anymore When you say hey Siri. What amazes me is that all of this took place as judges are deciding the case.
    Furthermore I would like to be added to all of there present lawsuits especially the iCloud lawsuit I’ve paid for iCloud storage for 7-9 years

  7. Kathleen Grant says:

    I would like to join any class action suit against Apple for removing hundreds of songs from my library/playlist –which I purchased/paid for . No different that going into my home & stealing a CD /album I bought and paid for. It’s stealing something I purchased & owned.

1 3 4 5

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.