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.