Apple Urges Court to Reject Plaintiff’s Amended iCloud+ Fraud Allegations

Plaintiff Lisa Bodenburg’s Nov. 9 amended class action against Apple (see 2311220011) “is based on an implausible and strained misinterpretation of Apple’s unambiguous and accurate public disclosures about its iCloud+ cloud storage service that customers can choose to purchase,” said Apple’s motion to dismiss Friday (docket 3:23-cv-04409) in U.S. District Court for Northern California in San Francisco. Bodenburg alleges that Apple delivers iCloud+ subscribers 5 GB less monthly cloud-storage capacity than they buy. But her contention “should be rejected because the only reasonable interpretation of the information about iCloud+ on Apple’s website is that the storage amount listed is what is provided for a given subscription plan,” said Apple. Bodenburg’s amended complaint “fails to negate” the simple fact that Apple’s public statements about iCloud+ wouldn’t lead reasonable consumers “to be misled or confused,” it said. Her legal position “should be rejected because it defies both common sense and the plain language of Apple’s public (and judicially noticeable) disclosures,” it said.