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Apple Are Being Sued Over Its ‘Buy’ Button On iTunes

Apple are facing a class action over the wording on their iTunes Store.

David Andino, the lead plaintiff, argues that by having a ‘rent’ and a ‘buy’ button on their Store, with two separate pricing tiers, Apple acted deceptively, as they reserve the right to terminate access to items in the ‘Purchased’ folder, which the user believes they have bought.

Andino argues he wouldn’t have gone through with the transactions knowing that Apple could terminate his access and use of the purchased products at any given time.

Apple moved to get the case thrown out, arguing that “no reasonable consumer” would assume they have indefinite access to something on iTunes.

U.S. District Court Judge John Mendez disagrees, and will allow the case to be heard.

“Apple contends that ‘no reasonable consumer would believe’ that purchased content would remain on the iTunes platform indefinitely,” Mendez said.

“But in common usage, the term ‘buy’ means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn’t be revoked.”

Last October, Amazon Prime faced similar charges of false advertising for its ‘buy’ button. They argued its terms and conditions state the sale is for a “limited license to view video content,” and this stands, regardless of whether the plaintiff had read the fine print.


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