The U.S. Court of Appeals for the Ninth Circuit this week upheld a lower court's dismissal of a lawsuit alleging that Apple illegally deceived customers into paying for iCloud storage, according to a court filing. The decision was reported by Law360.
The lawsuit alleged that Apple deceived customers into purchasing iCloud-enabled devices by misleading customers into believing that they can easily keep their iCloud storage usage below the free 5GB limi t. In reality, the plaintiffs alleged that users quickly exceed this limit and then must pay for increasingly costly iCloud storage plans. In the U.S., these plans range from 50GB for $0.99 per month to 12TB for $59.99 per month.
In the ruling, three Ninth Circuit judges said the plaintiffs failed to establish that it is "virtually impossible" for them to reduce their storage, or that they will inevitably be forced to pay for iCloud storage. In fact, two named plaintiffs were still on the 5GB tier. The judges added that customers have the option to turn off iCloud at any time.
The case had been dismissed by a U.S. district court in Northern California back in May 2022, and now the appeal to the Ninth Circuit has been dismissed. Barring the extremely unlikely event that the plaintiffs are able to successfully petition the U.S. Supreme Court to hear the case, the lawsuit is now over. However, Apple is still facing other iCloud-related lawsuits in both the U.S. and U.K., as complaints about the 5GB tier persist.
Apple launched iCloud in 2011, and the service has been available with 5GB of storage for free since then. By today's standards, 5GB is a low amount of storage, and Apple not increasing the free limit has long been a point of contention.
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