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Lawsuit over Apple's free 5GB iCloud plan dismissed

Judges Didn't Say Apple's 5GB of Free iCloud Storage Is Good or Bad, Plaintiffs Just Didn't Make Their Case

Potential Class Action A lawsuit alleging Apple tricked users into paying for iCloud is now likely dismissed entirely after losing an appeal in the Ninth Circuit.

The case centered on the claim that it was “virtually impossible” to meet user demands at the 5GB tier and that users couldn’t actually reduce their iCloud usage. However, as Law360 notes, two of the plaintiffs were reportedly still at the 5GB tier.

Three Ninth Circuit judges heard the appeal but said the plaintiffs failed to prove their claims. The judges also noted that users have the ability to turn off iCloud if they choose.

The case was initially dismissed on similar grounds in 2022 by Judge Haywood S. Gilliam Jr. of the U.S. District Court for the Northern District of California. At the time, the judge rejected claims that Apple had intentionally misled consumers about iCloud fees, though he did allow the plaintiffs to amend their complaint.

It’s unclear whether they did so, but the plaintiffs have decided to appeal. They could do so again, but this time their only option would be the Supreme Court, which is unlikely to hear their case.

So Apple won the case, but it still faces similar lawsuits over iCloud. British consumer group Which? announced in November 2024 that it was suing for $4 billion over “deceptive” iCloud pricing.

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