Apple Allegedly Seizes Content And Apps Illegally if Payment Method Fails to Process, New Class Action Says
Apple faces a new class action lawsuit alleging that it unlawfully seized and barred customers from accessing their digital content and apps when their payment method was rejected by a bank or expired.
Christopher Babeu v. Apple Inc.
Apple’s Action Allegedly Breaches Its Own Terms and Conditions
According to the Apple Illegally Seizing Content And Apps Class Action Lawsuit, if a customer’s payment method fails to process, Apple will immediately seize all of the consumer’s digital content — music, movies, shows, and books — and apps, regardless of the amount owed or the number of units of previously purchased content on the company’s platform.
Thus, the complaint claims, if a transaction for a $4.99 purchase is rejected for any reason, the defendant will seize all purchased content, regardless of whether the amount paid for the seized content was $100 or $10,000. Consumers are barred from viewing or listening to Digital Content and/or using any of the Apps following the seizure.
According to the Apple Illegally Seizing Content And Apps Class Action Lawsuit, Apple’s alleged conduct breaches the company’s Media Services Terms and Conditions, which specify that Apple will prevent customers from making new purchases or updating their apps only if a payment method becomes invalid.
Therefore, no part of the Apple Agreement authorizes the defendant to unilaterally seize any Digital Content and Apps already owned by Apple customers whose method of payment becomes invalid at any point in time without a court order or any other type of due process.
As per the suit, the law says that a creditor may not seize any asset to satisfy a debt unless the creditor has a legal right to do so or unless a court order is obtained if the debt is unsecured.
Apple was required to get a court order before seizing any customer’s digital content or apps, as it is an unsecured creditor without a doubt.
Apple to Collect Illusory Debt
Further, the lawsuit claims that Apple will seize even the content that prompted the debt. According to the lawsuit, Apple is attempting to collect on a debt for which the debtor acquired no property or benefit, therefore making the debt illusory in nature.
The Apple Illegally Seizing Content And Apps Class Action Lawsuit seeks to represent all Massachusetts residents who had their digital content and/or apps seized by Apple due to the company’s determination that their payment method was invalid.
Apple is accused of breach of contract, unjust enrichment, and breach of the Implied Covenant of Good Faith and Fair Dealing. The lawsuit demands a jury trial and injunctive relief in addition to monetary damages.
Editor’s Note on Apple Illegally Seizing Content And Apps Class Action Lawsuit:
This article is written to inform you of the case against Apple Inc. for allegedly seizing and prohibiting customers’ access to digital content and apps unlawfully. We also suggest you read the Apple ID Termination Lawsuit.
Case Name & No.: Christopher Babeu v. Apple Inc., Case No. 1:21-cv-11967
Jurisdiction: U.S. District Court for the District of Massachusetts
Allegations: Apple unlawfully seized and barred its customers access to their digital content and apps
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