False Advertising

Apple iCloud Faces Class Action Lawsuit Over Alleged Storage Misrepresentation

Updated on
Published on
Apple iCloud Faces Class Action Lawsuit Over Alleged Storage Misrepresentation

Lisa Bodenburg, a disgruntled Apple iCloud subscriber, has filed a class action lawsuit against tech giant Apple Inc., alleging that the company has failed to deliver the promised cloud storage capacity to its subscribers. Bodenburg, representing herself and others who have paid for subscriptions to Apple's iCloud service, claims that the company deducts the 5 GB of free storage from the additional storage limits advertised for monthly subscription payments. As a result, subscribers like Bodenburg are left with less storage than they paid for, which she alleges is a breach of Apple's contractual promise and a misrepresentation of the service.


According to the complaint, this alleged breach of contract and misrepresentation violates California's Consumer Legal Remedies Act (CLRA), False Advertising Law (FAL), and Unfair Competition Law (UCL). These laws are designed to protect consumers from unfair or deceptive practices and false advertising. The CLRA, for instance, prohibits deceptive practices in a transaction intended to result in the sale of goods or services to any consumer, while the FAL makes it unlawful for a company to disseminate false or misleading information about its products or services. The UCL, on the other hand, prohibits any unlawful, unfair, or fraudulent business act or practice.


Bodenburg's lawsuit, which covers the period from September 1, 2019, until the filing of the motion for class certification, seeks damages, injunctive relief, and declaratory relief for the alleged breach of contract and violations of consumer protection laws. The plaintiff has sent a demand letter to Apple under the CLRA, and if Apple does not respond within 30 days, Bodenburg intends to seek money damages for CLRA violations.


"Apple's representations about iCloud storage were false and misleading, causing harm to the plaintiff and class members," the lawsuit alleges. Bodenburg seeks an injunction to prevent Apple from continuing to disseminate these alleged false statements and is also seeking restitution for the money she and other iCloud subscribers paid for their subscriptions.


The lawsuit further alleges that Apple's business practices violate California's UCL, CLRA, and FAL. "Apple's business conduct is deemed unfair and deceptive within the meaning of the UCL," the complaint states. Bodenburg and the class members are requesting an order of restitution and an injunction to prohibit Apple from engaging in the alleged unlawful conduct.


In addition to seeking damages for Apple's alleged material breach of the iCloud agreements, Bodenburg is seeking declaratory, injunctive, and equitable relief against Apple for alleged violations of the CLRA. She is also requesting the establishment of a common fund to compensate class members and award attorneys' fees and costs.


The lawsuit demands a jury trial on all counts and is seeking certification of the class action, appointment of Bodenburg as Class Representative, and appointment of her counsel as Class Counsel. If successful, this lawsuit could have significant implications for Apple and its iCloud service, potentially resulting in significant financial penalties and changes to its business practices.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    5:23-cv-04409
  • Filing Date:
    August 25, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    California
  • Court:
    California Northern District
  • Plaintiff:
    Lisa Bodenburg
  • Defendant:
    Apple Inc.
  • Plaintiff Firm:
    Roy Arie Katriel
  • Defendant Firm:
  • Claims Administrator:
Contributors
Will Gendron
Will Gendron
Editor in Chief
Weekly newsletter

Stay up to date with new class action settlements you may join.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Complaint

This browser does not support inline PDFs. Please download the PDF to view it: Download PDF

Related class action lawsuits

Read more to get notified about updates to each case.

Beliv LLC Faces Class Action Over Misleading Fruit Nectar Labels
False Advertising

Beliv LLC Faces Class Action Over Misleading Fruit Nectar Labels

Lawsuit alleges Beliv LLC's Petit Nectar 'strawberry banana' product misleadingly labeled, violating Florida's consumer protection laws.
Caesars Sportsbook Faces Class Action over 'Risk-Free' Bets
False Advertising

Caesars Sportsbook Faces Class Action over 'Risk-Free' Bets

Lawsuit alleges Caesars Sportsbook misled customers with 'free bet' and 'risk-free' bet offers, violating consumer protection laws.
I-Health Faces Lawsuit Over Alleged False Claims, Plaintiffs Seek Damages
False Advertising

I-Health Faces Lawsuit Over Alleged False Claims, Plaintiffs Seek Damages

Lawsuit alleges I-Health falsely labeled its Culturelle Ultimate Balance for Antibiotics products, violating FDA and California consumer protection laws.
Reynolds Wrap Faces Lawsuit Over 'Made in U.S.A.' Claims
False Advertising

Reynolds Wrap Faces Lawsuit Over 'Made in U.S.A.' Claims

Lawsuit alleges Reynolds Wrap's 'Made in U.S.A.' claim is deceptive, violating California's consumer protection laws and misleading consumers.
Sephora Faces Class Action over Nutrafol: Damages Sought
False Advertising

Sephora Faces Class Action over Nutrafol: Damages Sought

Sephora is facing a class action lawsuit over its Nutrafol product. The lawsuit alleges false advertising, violation of consumer laws, and seeks damages.
Apple iCloud Faces Class Action Lawsuit Over Alleged Storage Misrepresentation
False Advertising

Apple iCloud Faces Class Action Lawsuit Over Alleged Storage Misrepresentation

Apple Inc. is facing a class action lawsuit alleging that it misrepresented the storage capacity of its iCloud service, violating California's consumer protection laws.
UFC Faces Class Action over Fight Pass Subscriptions
False Advertising

UFC Faces Class Action over Fight Pass Subscriptions

UFC is facing a class action lawsuit over allegations of violating California's Automatic Renewal Law with its Fight Pass subscriptions.
Dyson Faces Class Action Lawsuit Over Alleged Warranty Violations
False Advertising

Dyson Faces Class Action Lawsuit Over Alleged Warranty Violations

Dyson, Inc. is facing a class action lawsuit alleging violations of the Magnuson-Moss Warranty Act and deceptive practices.
Lyft & Grubhub Face $5 Million Lawsuit Over Deceptive Practices
False Advertising

Lyft & Grubhub Face $5 Million Lawsuit Over Deceptive Practices

Lawsuit alleges Lyft and Grubhub engaged in deceptive practices, misrepresenting fees, prices, and services, violating New York laws, and seeking at least $5 million in damages.
1-800-Flowers Faces Class Action for Auto-Renewal Violations
False Advertising

1-800-Flowers Faces Class Action for Auto-Renewal Violations

Lawsuit alleges 800-Flowers, Inc. violated California's UCL and FAL by failing to obtain consent for automatic renewal terms, causing damages.
Chobani Zero Sugar Lawsuit: Seeking Damages for Deceptive Claims
False Advertising

Chobani Zero Sugar Lawsuit: Seeking Damages for Deceptive Claims

Lawsuit alleges Chobani falsely advertised "zero sugar" products, violating Illinois Consumer Fraud Act and California's UCL & FAL; seeks restitution.