A man is suing Apple alleging that the company’s media services terms and conditions allowing the company to terminate an Apple ID are “unconscionable” and “unlawful.”
The complaint was filed in the U.S District Court for the Northern District of California on Tuesday. The suit tackles an Apple services clause stating users can’t access content purchased through an Apple ID if that ID is terminated.
The terms and conditions say that Appl ehas the right to terminate an Apple ID. The lawsuit also claims apple can terminate accounts on suspicion of wrongdoing.
“Apple’s unlawful and unconscionable clause as a prohibited de facto liquidated damages provision which is triggered when Apple suspects its customers have breached its Terms and Conditions,” the lawsuit reads.
The complaint also suggests Apple device owners will find their products “substantially diminished in value” if their Apple ID is terminated. The user won’t be able to access their purchased content or other Apple services through a terminated ID.
Matthew Price, the plaintiff in question, spent a reported $25k on content through his Apple ID. When the ID was terminated due to allaged breaches of terms and conditions, Price lost his access to that content.
The complaint says the content included apps, in-app purchases, extensions for platforms and programs, and related services. Price also alleges Apple prevents users from accessing money still attached to their account when their ID is terminated. Price had $7 left in iTunes credit.
The lawsuit doesn’t explain why Price had his account terminated. However, the suit does claim that the account was disabled “without notice, explanation, policy, or process.”
The lawsuit claims that Apple’s behavior – specifically the termination of the account and the clause that allowed for it – are “unfair, unlawful, fraudulent, and illegal.” The suit alleges Apple has broken several Californian consumer regulations by taking this action.
Price is looking for class action status with his lawsuit, with a Nationwide Class consisting of everyone in the US who has had their Apple ID terminated. Price is asking for a jury trial for a permanent injunction preventing Apple from undertaking allegedly unlawful behavior, restitution of funds lost through account terminations, damages, and attorney fees.