New Class Action Filed Against Apple over iTunes Violating New Jersey's 'Truth-in-Consumer Contract Act'
Thomas Silkowski, a citizen of the State of New Jersey, has filed a class action law suit against Apple alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). The TCCWNA was enacted specifically to prevent deception in consumer contracts and to incentivize businesses to draft contracts that are clear and understandable to all consumers, and that clearly explain the legal rights of consumers and the legal responsibilities of businesses. Mr. Silkowski alleges that Apple's iTunes violates the New Jersey Act.
According to the formal complaint which was filed in the Northern District Court of California, San Jose on April 28, 2016, Defendant/Apple "operates the iTunes Store, the Mac App Store, the App Store, the App Store for Apple TV, the iBooks Store, and Apple Music (collectively the "Stores").
In order to access the Stores, consumers must create an Apple ID and/or agree to the iTunes terms and conditions (the "Terms and Conditions"). As a precondition to creating an Apple ID, Defendant requires all consumers to agree to the Terms and Conditions.
The Terms and Conditions violate the TCCWNA because they contain provisions that violate clearly established legal rights of Plaintiff and the proposed class, and ignore the legal responsibilities of Defendant.
Specifically, the Terms and Conditions contain provisions that purport to: 1) disclaim liability for claims brought for Defendant's negligent, willful, malicious and wanton misconduct; 2) bar claims for personal injury and punitive damages; 3) ban consumers from asserting claims against Defendant for deceptive and fraudulent conduct; and 4) require Store users to indemnify and hold harmless Defendant for any claims brought against Defendant for its negligent, willful, malicious and wanton misconduct. All of the aforementioned provisions are in direct contravention of rights afforded to Plaintiff and the proposed class under New Jersey law.
The inclusion of these violative provisions in the Terms and Conditions deceives consumers into thinking that they are enforceable and accordingly, gives consumers the impression that they are unable to enforce rights they otherwise have under New Jersey statutory and common law.
As a result of Defendant's illegal conduct, Plaintiff, on behalf of himself and the Class seeks statutory penalties, actual damages, attorneys' fees, costs of suit, and any additional legal or equitable relief the Court deems appropriate."
Review the full complaint in the Scribd document presented below courtesy of Patently Apple.
The Class Action against Apple was filed in the California Northern District Court, San Jose Office. The Judge assigned to this case is Paul Singh Grewal.
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