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An Indiana owner of Apple devices claims the company unlawfully tricks consumers with false promises of free software upgrades.
Plaintiff Mark Albrechtsen claims that defendant Apple Inc. has been violating Indiana consumer protection laws by requiring the owners of Apple products to put a valid credit or debit card number on file before Apple will let them download free upgrades for their device applications and operating systems.
Albrechtsen claims Apple lures consumers into buying Apple devices with promises of free software upgrades. But the company fails to properly disclose that to receive those upgrades, the purchaser must submit a credit or debit card number, making more of their money available to Apple, according to this Apple class action lawsuit.
As the owner of one Apple Watch, two iPads, and four iPhones, Albrechtsen is highly dependent on Apple to provide software upgrades. All of these devices run on Apple’s proprietary iOS operating system.
Upgrades to that system, which are often necessary to ensure compatibility with new applications and to maintain device security, are available exclusively from Apple. The company makes these upgrades available only through its App Store, which requires users to submit a credit or debit card number before they can download even free apps and upgrades.
Albrechtsen himself says he has already heavily invested in iOS-based applications. Between his many Apple devices, Albrechtsen says he now owns 1,534 applications. He says that over the past couple years he has spent far more on his Apple apps than the national average of $35 per year.
Despite having made a substantial investment in Apple devices and apps, Albrechtsen claims, Apple’s credit card number policy prevents him from upgrading his software without providing Apple with his credit or debit card number.
Albrechtsen argues that by promising device owners free app and iOS upgrades, then requiring them to submit a credit card number to retrieve those upgrades, Apple is engaging in a deceptive business practice that violates applicable Indiana consumer protection laws.
This Apple class action lawsuit raises one claim under the Indiana Deceptive Consumer Sales Act. The Act provides a general prohibition that bars “suppliers” from committing any “unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction.”
Albrechtsen proposes to represent a plaintiff Class consisting of all persons in Indiana who own an Apple Watch, iPhone, iPad, or iPod and who purchased an iOS application within the two years leading up to this Apple class action lawsuit.
He is asking the court to award the greater of statutory or actual damages, court costs, attorneys’ fees, and all other applicable penalties, plus interest. He estimates a possible damage award of more than $1 billion, based solely on the number of active iPhones within the state of Indiana.
Albrechtsen is representing himself.
The Apple Credit Card Number Class Action Lawsuit is Mark A. Albrechtsen v. Apple Inc., Case No. 1:17-cv-01664, in the U.S. District Court for the Southern District of Indiana.
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53 thoughts onApple Class Action Says Requiring Credit Cards for Free Software is Illegal
I would like to join this lawsuit. I have numerous apple devices.
Please let me know about this as I also have 2 iPads, Apple Watch and 4 iPhones.
I want to join this lawsuit. I purchase 5 or 6 times from pro flowers. Over prized and the flowers die fast.
I am on board from Iowa as well.
It’s not just in Indiana, I live in California and just went through this with trying to get a “free” app and I had to enter a valid credit card first.
How do I sign up for this. I was living in Illinois now I am living in Az.
Sign me up please
I recently tried to remove my credit card from my iphone. It wouldn’t allow me to download even free apps unless I had a valid credit card in my phone.. Makes no sense
Add me to the settlement I have 2 iPhones, iPad n Apple Watch. The do charge my credit card then say the updated are suppose to be free iOS updates/downloads. I noticed this and called Apple they said they now need a card to continue with updates n bug fixes…
I have an iPhone and iPad and I have never put in a credit or debit card number to get an update. My devices are up to date. You do get a pop up from iCloud asking if you want to store a credit card number but I just check “none”.