bigdogchris
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- Joined
- Feb 19, 2008
- Messages
- 18,707
According to a complaint filed on Tuesday, Apple user Matthew Price spent nearly $25,000 on content attached to his Apple ID, which was terminated by the company for unknown reasons. The lawsuit targets a clause in Apple's media services terms and conditions, which states a user with a terminated Apple ID cannot access media content that they've purchased. AppleInsider reports: "Apple's unlawful and unconscionable clause as a prohibited de facto liquidated damages provision which is triggered when Apple suspects its customers have breached its Terms and Conditions," the lawsuit reads. Additionally, the complaint claims that users with Apple devices will find their products "substantially diminished in value" if their Apple IDs are terminated, since they won't be able to access Apple services or purchased content.
According to the complaint, the $25,000 worth of media included apps, in-app purchases, programs and platform extensions, and related services. The plaintiff also alleges that Apple prevents users from accessing unused funds attached to an Apple account. Price, for example, had about $7 in iTunes credit. The lawsuit doesn't specify why Price's account was terminated. However, it does claim that Apple shut down the Apple ID "without notice, explanation, policy or process." It goes on to claim that Apple's conduct -- specifically, the clause and resulting terminations -- are "unfair, unlawful, fraudulent, and illegal," and alleges that Apple is in violation of several consumer regulations in California. The lawsuit is seeking class action status, with a Nationwide Class consisting of people in the U.S. who have had their Apple IDs terminated.
SOURCE
I really hope this goes to court and the guy wins. This type of behavior is very anti-consumer and happens all the time. I understand if someone violates and agreement and the company block the user from making new purchases, but they should not block the user from accessing what they paid for. If companies want to argue that you are "licensing" the product and not buying it, then change the button from Buy to License.
According to the complaint, the $25,000 worth of media included apps, in-app purchases, programs and platform extensions, and related services. The plaintiff also alleges that Apple prevents users from accessing unused funds attached to an Apple account. Price, for example, had about $7 in iTunes credit. The lawsuit doesn't specify why Price's account was terminated. However, it does claim that Apple shut down the Apple ID "without notice, explanation, policy or process." It goes on to claim that Apple's conduct -- specifically, the clause and resulting terminations -- are "unfair, unlawful, fraudulent, and illegal," and alleges that Apple is in violation of several consumer regulations in California. The lawsuit is seeking class action status, with a Nationwide Class consisting of people in the U.S. who have had their Apple IDs terminated.
SOURCE
I really hope this goes to court and the guy wins. This type of behavior is very anti-consumer and happens all the time. I understand if someone violates and agreement and the company block the user from making new purchases, but they should not block the user from accessing what they paid for. If companies want to argue that you are "licensing" the product and not buying it, then change the button from Buy to License.