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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 have to pay to get free games and update
I have a Apple device and, I get it all the time I want to join
I want to join the lawsuit I have 3 iPhones
I have to pay to get free games and update
You go MoFo!!!!
I’m happier then hell right now to see someone is putting it to Apple, instead of Apple putting it to us.
I would love to file the same for Ca. but with my name of who I am, I’d probably be arrested for criminal threats or some…….
You get em in court, I’ll get em on the street!
I want to join this lawsuit. I have a iphone 7 and I was charged even when they said it was free. I tried calling the 800 # it gives a recording message n won’t let u talk to a rep.
Please include me.
ME AND MY HUSBAND HAD A FOUR APPLE DEVICES. I WANT TO DOWN LOAD APPLE APP., UNFORTUNATELY, IN ORDER TO UP GRADE MY APPLE
I NEED TO BUY SOME THING FROM APPLE COMPANY. I AM ELIGIBLE TO
JOIN THE CLASS ACTION., BUT I AM HERE IN CALIFORNIA, SO WHAT WE
NEED???
I was thinking of doing this from California… Can I join this suit instead of starting a new one? Just this week, I was complaining about this and when I updated my information, two charges went through immediately on to app subscriptions that I had cancelled; just because I couldn’t update and download free apps without giving up billing information. They did return the charges, but I should not have to go through the hassle.
I’m eligible. This happened several times on all my different Apple devices.
I would like to join this lawsuit I have several Apple devices.