Strictly Legal: Apple false advertising claim survives dismissal motion.
Jack Greiner
A California consumer named David Andino will be permitted to proceed with his false advertising suit against Apple thanks to a recent ruling by a federal trial court in California. Andino, who is seeking class action certification, contends that Apple mislead him and other similarly situated buyers with its claim that customers could “buy” content from Apple’s iTunes app.
Andino’s suit is relatively simple. According to his complaint, Apple’s iTunes application allows consumers to “rent” or “buy” movies, television shows, music and other content. If the consumer desires to “rent” a movie, Apple advertises that for a fee of around $5.99, the consumer will have access to the movie for 30 days and then for 48 hours after the consumer first starts to watch it. For a higher fee of around $19.99, Apple offers consumers the option to “buy” the content. When a consume
California
United-states
David-andino
Andino
Kroger
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