iCloud legal dispute over storage space: judge rules in Apple's favor
US class action plaintiffs wanted money from Apple because the company does not add free storage to the iCloud+ subscription. That will probably come to nothing
iCloud logo: Users without a subscription still only get 5 GB.
(Image: nikkimeel/Shutterstock.com)
A lawsuit against Apple for insufficient storage volume in iCloud+ has now been dismissed in the USA. The 9th U.S. Circuit Court of Appeals in San Francisco, the court of appeals responsible for the case number 24-3335, ruled last week that an affected party had no right to sue. This also removed the possibility of turning the case into a class action, which other Apple customers could have joined.
It was about 5 Gbyte
The decision is said to have been unambiguous – All three judges responsible were in favor of dismissal, thus helping Apple to victory. Plaintiff and Apple user Lisa Bodenburg had stated that she had taken out a subscription to iCloud+ with 200 GB of storage space for USD 2.99 per month – on the assumption that the 5 GB that Apple allocates to all users free of charge would be added. However, the company then did what it has always done with such upgrades: instead of 205 GB, Bodenburg received exactly 200 GB.
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In her lawsuit, the woman's lawyers argued that Apple had "ripped her off". According to the news agency Reuters, Judge Milan Smith said that this was not the case. She had received exactly what Apple had promised her. The company offered "additional memory" on top of the 5 GB. Accordingly, the hope of receiving 205 GB instead of 200 GB was an "unfounded assumption". In this context, the court cited other dismissed consumer claims –, for example against the allegedly incorrect weight of a lip balm, where one part was not accessible to the buyer due to the design of the packaging.
Bold lawsuit in the UK
"Apple's statements are neither false nor misleading merely because they may be unreasonably misunderstood by an insignificant and unrepresentative group of consumers," said Judge Smith. There was initially no comment from Apple or Bodenburg's lawyers on the decision. With its decision, the Court of Appeal upheld a dismissal of the action by the lower court, which had already been issued in spring 2024.
There have been several lawsuits and disputes about iCloud(+) in the past. Most recently, a British consumer protection organization sued Apple for 3.6 billion euros because the purchase of iCloud+ was a compulsion for users and there were ultimately no adequate alternatives on the platform. Apple firmly rejected the allegations.
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