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In re Apple In-App Purchase Litigation

United States District Court for the Northern District of California
855 F. Supp. 2d 1030 (2012)


Facts

Apple Inc. (Apple) (defendant) was the seller of software applications (apps) and game currencies, which were virtual objects used in connection with apps. Apple advertised that certain of its apps could be downloaded for free. Garen Meguerian and other parents of minor children (plaintiffs) downloaded or permitted their children to download Apple’s free apps. Although downloading the apps was free, Apple later charged the plaintiffs without their knowledge for game currencies purchased by their children. The plaintiffs filed a complaint against Apple for violations of the California Consumers Legal Remedies Act (CLRA) and California’s Unfair Competition Law (UCL). According to the plaintiffs, Apple had marketed certain apps as free to intentionally induce children into purchasing game currencies without their parents’ knowledge or consent. Apple moved to dismiss the complaint.

Rule of Law

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Issue

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Holding and Reasoning (Davila, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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