OAKLAND, Calif. (Legal Newsline) – Two consumers allege that Apple falsely advertises the amount of television shows available under its season pass option.
Gabriela Zaragoza and Joseph Coyle filed a complaint on behalf of all others similarly situated on Oct. 5 in the U.S. District Court for the Northern District of California against Apple Inc. alleging breach of express warranty, breach of implied warranty, common law fraud and other counts.
According to the complaint, the plaintiffs purchased season one passes for television shows from the defendant's iTunes store. They allege they believed the pass included all of the episodes of the respective shows' season they purchased and that purchasing a pass would be a discount instead of individually purchasing each episode. However, they allege only a few of the season's episodes were standard, plot-based episodes and the remaining "episodes" were promotional clips.
The plaintiffs hold Apple Inc. responsible because the defendant allegedly provides fewer episodes than represented under the season pass features.
The plaintiffs request a trial by jury and seek damages in amounts to be determined by the court and/or jury, prejudgment interest, attorneys’ fees, expenses and costs of suit plus an order of restitution and all other forms of equitable monetary relief. They are represented by Benjamin Heikali and Joshua Nassir of Faruqi & Faruqi LLP in Los Angeles.
U.S. District Court for the Northern District of California case number 4:18-cv-06139-PJH