Apple Seeks Dismissal of Allegations It Shortchanged iCloud+ Customers' Storage

Plaintiff Lisa Bodenburg’s fraud class action alleging that Apple shortchanged iCloud+ customers of 5 GB of cloud storage capacity a month (see 2308270001) is based on “an implausible and strained misinterpretation” of Apple’s “unambiguous and accurate” public iCloud+ disclosures, said Apple’s memorandum of points and authorities Friday (docket 5:23-cv-04409) in U.S. District Court for Northern California in San Jose in support of its motion to dismiss. Apple’s iCloud+ disclosures “unambiguously state the exact amount of storage customers receive at each tier with their iCloud+ subscription plan,” said its memorandum. Yet according to Bodenburg, customers should also receive an additional 5 GB of iCloud storage “on top of the clearly explained iCloud+ storage amounts a customer purchases,” it said. That contention should be rejected “because reasonable consumers reviewing the information about iCloud+ on Apple’s website understand that the storage amount listed is what is provided for a given subscription plan,” it said. Bodenburg’s argument also should be rejected "because it defies both common sense and the plain language of Apple’s public (and judicially noticeable) disclosures,” it said. Bodenburg’s claims under California’s Consumer Legal Remedies Act and its Unfair Competition Law fail because reasonable consumers shouldn’t be “misled by Apple’s disclosures regarding the storage provided and features associated with iCloud+ subscription plans,” it said. Bodenburg’s attempt “to manufacture a fraud claim based on her far-fetched and counterintuitive interpretation of Apple’s public disclosures is unavailing and flawed,” it said.