Plaintiff Appealing Dismissal of Her iCloud+ Fraud Complaint vs. Apple to 9th Circuit
Lisa Bodenburg is appealing the May 8 dismissal of her iCloud+ fraud class action against Apple to the 9th U.S. Circuit Court of Appeals, said her notice of appeal Friday (docket 3:23-cv-04409) in U.S. District Court for Northern California in San Jose. The plaintiff alleges that the iCloud+ service delivers consumers 5 GB less cloud storage than it contracted for when it accepted their monthly subscription payments (see 2308270001). In addition to breach of contract, the lawsuit alleges violations of several statutes, including California’s Consumer Legal Remedies Act and its Unfair Competition Law. Bodenburg received 200 GB of paid cloud storage that was stated in the plans and pricing information accessible through the link in her written iCloud+ agreement, said U.S. District Judge Trina Thompson’s signed dismissal order. Bodenburg thought she was receiving a different type of 200 GB, composed of 5 GB of free cloud storage and 195 GB of paid cloud storage, but in fact, she received 200 GB of paid cloud storage, said the order: “Clearly, she did receive the GB amount that was in the plans and pricing information, and therefore there are insufficient facts to support a breach of contract claim.” The judge also found that because the GB listed in the plans and pricing is more storage than the free 5 GB, Bodenburg can’t point to any false statements that Apple made. “Consequently, the heightened pleading standard is not met,” and the complaint “fails to state sufficient facts for any of the consumer protection claims,” said Thompson’s order.