SAN JOSE, Calif. (Legal Newsline) - A New Jersey customer is suing Apple, alleging certain provisions of its terms and conditions are illegal.
Thomas Silkowski, individually and for all others similarly situated, filed a class action lawsuit April 28 in U.S. District Court for the Northern District of California San Jose Division against Apple Inc. and Does 1-50, alleging violation of New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
The suit alleges Apple's terms and conditions violate the TCCWNA by purporting to disclaim liability for claims brought against Apple's negligent, willful, malicious and wanton misconduct, bar claims for personal injury and punitive damages, ban consumers from asserting claims against Apple for deceptive and fraudulent conduct, and require users to indemnify and hold harmless Apple for any claims brought against it for negligent , willful, malicious and wanton misconduct.
Silkowski and others in the class seek a jury trial, declaratory and injunctive relief, actual damages, $100 for each class member, attorney fees and costs of the suit. They are represented by attorneys Todd D. Carpenter, Brittany C. Casola, R. Bruce Carlson, Gary F. Lynch and Kevin Abramowicz of Carlson Lynch Sweet Kilpela & Carpenter in San Diego and Pittsburgh, and by Joseph J. DePalma, Katrina Carroll, and Kyle A. Shamberg of Lite DePalma Greenberg in Newark, New Jersey, and Chicago.
U.S. District Court for the Northern District of California San Jose Division Case number 5:16-CV-02338-PSG