`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF ALABAMA
`SOUTHERN DIVISION
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`BECKY KAYDA, ARLENE
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`DONALD, JUDITH
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`STOCKWELL, AKEYA DUMAS, )
`JULIE BROWN CHANDLER,
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`CATHERINE MILAN, KEDWIN )
`ALLEN, HELEN HOLLIS, JONI
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`LEANN PRATER, GARY
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`OVERSTREET, DANETTE
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`OVERSTREET, ASHLEY
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`PERYER, TERESA GARDNER,
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`RONALD SCHMIDT, LAURA
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`CURTIS, SHARON TUNNELL,
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`PETER MARONEY, PATRICIA
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`DARLENE STUTZ, STEWART
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`REIN, LILLIAN REIN, CHRIS
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`BARBONI, BONNIE BURGESS,
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`SHANIEKA NICOLE ABNEY,
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`CASSANDRA BROWN, STACEY )
`WILSON JORDAN, DEBORAH
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`RODRIGUEZ, PAIGE PHALO,
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`MAURIA BEESON, BILLIE
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`PARSONS, AMBER DAVIS,
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`TIMOTHY FERRELL, BART
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`SMITH, LEIGHANN HOWELL,
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`ASHLEY RODGERS, BENNY
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`BRYARS, SHERRY BRYARS,
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`KIMBERLY GRIMES, GERRI
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`RAMBO, LEO RODRIGUEZ,
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`EDWARD BURNS, and SONJA
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`STALLWORTH,
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`Plaintiffs,
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`v.
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`) Case No.:
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 2 of 20 PageID #: 2
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`APPLE, INC.,
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`Defendants.
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`COMPLAINT
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`1.
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`Plaintiffs Becky Kayda, Arlene Donald, Judith Stockwell, Akeya
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`Dumas, Julie Brown Chandler, Catherine Milan, Kedwin Allen, Helen Hollis, Joni
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`Leann Prater, Gary Overstreet, Danette Overstreet, Ashley Peryer, Teresa Gardner,
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`Ronald Schmidt, Laura Curtis, Sharon Tunnell, Peter Maroney, Patricia Darlene
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`Stutz, Stewart Rein, Lillian Rein, Chris Barboni, Bonnie Burgess, Shanieka Nicole
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`Abney, Cassandra Brown, Stacey Wilson Jordan, Deborah Rodriguez, Paige Phalo,
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`Mauria Beeson, Billie Parsons, Amber Davis, Timothy Ferrell, Bart Smith, Leighann
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`Howell, Ashley Rodgers, Benny Bryars, Sherry Bryars, Kimberly Grimes, Gerri
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`Rambo, Leo Rodriguez, Edward Burns, and Sonja Stallworth present this as their
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`complaint against defendant Apple, Inc.
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`PARTIES, JURISDICTION, AND VENUE
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`Becky Kayda is an adult resident citizen of Choctaw County, Alabama.
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`
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`2.
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`She owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`3.
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`Arlene Donald is an adult resident citizen of Choctaw County,
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`Alabama. She owned an iPhone 6 and an iPhone 7 Plus and downloaded both
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`updates.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 3 of 20 PageID #: 3
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`4.
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`Judith Stockwell is an adult resident citizen of Clarke County,
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`Alabama. She owned an iPhone 6S and downloaded the 10.2.1 update.
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`5.
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`Akeya Dumas is an adult resident citizen of Clarke County, Alabama.
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`She owned an iPhone 6 and downloaded the 10.2.1 update.
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`6.
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` Julie Brown Chandler is an adult resident citizen of Escambia County,
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`Alabama. She owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`7.
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`Catherine Milan is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 6S and downloaded the 10.2.1 update.
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`8.
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`Kedwin Allen is an adult resident citizen of Baldwin County, Alabama.
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`He owned an iPhone 6 and downloaded the 10.2.1 update.
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`
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`9.
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`Helen Hollis is an adult resident citizen of Baldwin County, Alabama.
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`She owned an iPhone 6S and downloaded the 10.2.1 update.
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`10.
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`Joni LeAnn Prater is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone SE and downloaded the 10.2.1 update.
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`11. Gary Overstreet is an adult resident citizen of Baldwin County,
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`Alabama. He owned an iPhone 6 and downloaded the 10.2.1 update.
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`12. Danette Overstreet is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`13. Ashley Peryer is an adult resident citizen of Baldwin County, Alabama.
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`She owned an iPhone 6S and downloaded the 10.2.1 update.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 4 of 20 PageID #: 4
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`14. Teresa Gardner is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`15. Ronald Schmidt is an adult resident citizen of Baldwin County,
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`Alabama. He owned an iPhone 6 and downloaded the 10.2.1 update.
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`16. Laura Curtis is an adult resident citizen of Baldwin County, Alabama.
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`She owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`17. Sharon Tunnell is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`18. Peter Maroney is an adult resident citizen of Baldwin County, Alabama.
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`He owned an iPhone 6 and downloaded the 10.2.1 update.
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`19. Patricia Darlene Stutz is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 7 Plus and downloaded the 11.2 update.
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`20. Stewart Rein is an adult resident citizen of Baldwin County, Alabama.
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`He owned an iPhone 7 Plus and downloaded the 11.2 update.
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`21. Lillian Rein is an adult resident citizen of Baldwin County, Alabama.
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`She owned an iPhone 7 Plus and downloaded the 11.2 update.
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`22. Chris Barboni is an adult resident citizen of Baldwin County, Alabama.
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`He owned an iPhone 6 and downloaded the 10.2.1 update.
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`23. Bonnie Burgess is an adult resident citizen of Baldwin County,
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`Alabama. She owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 5 of 20 PageID #: 5
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`24. Shanieka Nicole Abney is an adult resident citizen of Monroe County,
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`Alabama. She owned an iPhone 6S and downloaded the 10.2.1 update.
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`25. Pamela Schaefer is an adult resident citizen of Washington County,
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`Alabama. She owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`26. Cassandra Brown is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 6 and downloaded the 10.2.1 update.
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`27. Stacey Wilson Jordan is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 6 and downloaded the 10.2.1 update.
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`28. Deborah Rodriguez is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 6 and downloaded the 10.2.1 update.
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`29. Billie Parsons is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6S and downloaded the 10.2.1 update.
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`30. Mauria Beeson is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6 and downloaded the 10.2.1 update.
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`31. Paige Phalo is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 7 Plus and downloaded the 11.2 update.
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`32. Timothy Ferrell is an adult resident citizen of Mobile County, Alabama.
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`He owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`33. Amber Davis is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6 and downloaded the 10.2.1 update.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 6 of 20 PageID #: 6
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`34. Bart Smith is an adult resident citizen of Mobile County, Alabama. He
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`owned an iPhone 6 Plus and downloaded the 10.2.1 update.
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`35. Leighann Howell is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 6 and downloaded the 10.2.1 update.
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`36. Ashley Rodgers is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6 and downloaded the 10.2.1 update.
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`37. Sherry Bryars is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6 and downloaded the 10.2.1 update.
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`38. Benny Bryars is an adult resident citizen of Mobile County, Alabama.
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`He owned an iPhone 6 and downloaded the 10.2.1 update.
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`39. Kimberly Grimes is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 7 Plus and downloaded the 11.2 update.
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`40. Gerri Rambo is an adult resident citizen of Mobile County, Alabama.
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`She owned an iPhone 6 and an iPhone 7 and downloaded both the 10.2.1 and 11.2
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`updates.
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`41. Leo Rodriguez is an adult resident citizen of Mobile County, Alabama.
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`He owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`42. Sonja Stallworth is an adult resident citizen of Mobile County,
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`Alabama. She owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 7 of 20 PageID #: 7
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`43. Edward Burns is an adult resident citizen of Mobile County, Alabama.
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`He owned an iPhone 6S Plus and downloaded the 10.2.1 update.
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`44. Defendant Apple, Inc. is a corporation organized under the laws of
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`California, with its principal place of business in Santa Clara County, California. It
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`is a corporate citizen of California.
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`45. Pursuant to 28 U.S.C. § 1331, this court has jurisdiction because
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`Plaintiffs bring claims under federal law, specifically the Computer Fraud and Abuse
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`Act, codified at 18 U.S.C. § 1030 et seq.
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`46. This court also has jurisdiction over Plaintiffs’ related state law claims
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`pursuant to 28 U.S.C. § 1367, because they arise from the same Article III case or
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`controversy as the federal claims.
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`47. Venue is proper in the Southern Division of the Southern District of
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`Alabama because “a substantial part of the events or omissions giving rise to the
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`claim occurred” in this district and division, where all plaintiffs reside.
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`FACTUAL ALLEGATIONS
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`48. Each plaintiff owns or owned an Apple iPhone in the 6 or 7 series
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`(which include the iPhone 6, 6 Plus, 6S, 6S Plus, SE, 7, and 7 Plus) and purchased
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`the iPhone with the reasonable expectation that the device would function properly,
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`as advertised, and that performance would not be degraded by Apple.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 8 of 20 PageID #: 8
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`49. Apple is the manufacturer of the iPhone, including all the models listed
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`in Paragraph 18.
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`50. Every iPhone comes installed with a mobile operating system called
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`iOS, which consists of a collection of software applications that allow users to utilize
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`all the features of Apple products.
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`51. Since the iPhone was first released, there have been many versions of
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`iOS. Apple prompts consumers to download the newest iOS version onto their
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`iPhones when new versions are released. Apple encourages customers to upgrade
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`their software on a regular basis for optimal iPhone performance.
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`52. Every new iOS update comes with release notes. In the release notes of
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`iOS 10.2.1, issued for the iPhone 6, 6 Plus, 6S, 6S Plus, and SE, Apple claimed the
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`update “include[d] bug fixes and improve[d] the security” of iPhones.
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`53. When prompted by Apple, Plaintiffs Becky Kayda, Arlene Donald,
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`Judith Stockwell, Akeya Dumas, Julie Brown Chandler, Catherine Milan, Kedwin
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`Allen, Helen Hollis, Joni LeAnn Prater, Gary Overstreet, Danette Overstreet, Ashley
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`Peryer, Teresa Gardner, Ronald Schmidt, Laura Curtis, Sharon Tunnell, Peter
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`Maroney, Chris Barboni, Bonnie Burgess, Shanieka Nicole Abney, Pamela
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`Schaefer, Cassandra Brown, Stacey Wilson Jordan, Deborah Rodriguez, Billie
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`Parsons, Mauria Beeson, Timothy Ferrell, Amber Davis, Bart Smith, Leighann
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`Howell, Ashley Rogers, Sherry Bryars, Benny Bryars, Gerri Rambo, Leo Rodriguez,
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 9 of 20 PageID #: 9
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`Sonja Stallworth, and Edward Burns updated their iPhone’s software to iOS version
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`10.2.1.
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`54. As a result, each Plaintiffs’ iPhone’s performance deteriorated
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`substantially. Apps take an unduly long time to open, update, and respond to inputs
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`such as swiping and scrolling. Websites and Apps crash and are slow to load.
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`Plaintiffs did not experience such hampered performance until after installing the
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`software update.
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`55. Apple issued iOS update 11.2 for the iPhone 7 and 7 Plus. In the release
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`notes for this update, the company stated that it included “nearly two-dozen bug and
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`security fixes” as well as the Apple Pay feature.
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`56. When prompted by Apple, Plaintiffs Gerri Rambo, Kimberly Grimes,
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`Paige Phalo, Lillian Rein, Stewart Rein, Patricia Darlene Stutz and Arlene Donald
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`updated their iPhone 7 series with the 11.2 update.
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`57. Apple knowingly failed to disclose to Plaintiffs that the 11.2 update
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`would diminish performance of their iPhone 7.
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`58. As a result, the performance of Plaintiffs’ iPhone 7 deteriorated
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`substantially. Apps take an unduly long time to open, update, and respond to inputs
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`such as swiping and scrolling. Websites and Apps crash and are slow to load.
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`Plaintiff did not experience such hampered performance until after installing the
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`software update.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 10 of 20 PageID #: 10
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`59.
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` Apple did not warn Plaintiffs of the potential consequences of the
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`software updates until many months after Plaintiffs updated the software.
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`60. Apple publicly admitted that it degraded the performance of each
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`Plaintiffs’ iPhones by issuing iOS updates. See Attachment A.
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`61. Apple knowingly deprived Plaintiffs of material
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`information
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`concerning the software update’s negative effects on iPhone performance and the
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`cause of subsequent degradation in performance.
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`COUNT 1
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`VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT
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`18 U.S.C. § 1030, et seq.
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`62. Each allegation made above is realleged as if fully set forth herein.
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`63. Apple caused Plaintiffs to download and install iOS Updates to their
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`Devices without informing its customers that the iOS Updates contained code that
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`would diminish Device performance, or throttle performance, in order to compensate
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`for undisclosed Defects in those Devices. Accordingly, Plaintiffs did not give
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`permission for Apple to install iOS Updates onto their Devices—nor could they—
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`as Apple did not provide material information to Plaintiffs regarding the updates.
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`64. Apple violated 18 U.S.C. § 1030(a) by knowingly causing the
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`transmission of iOS software updates to Plaintiffs’ devices to access, collect, and
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`transmit information to Devices, which are protected computers as defined in 18
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 11 of 20 PageID #: 11
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`U.S.C. § 1030(e)(2)(B), because they are used in interstate commerce and/or
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`communication. By
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`transmitting
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`information
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`to Plaintiffs’ devices, Apple
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`intentionally caused damage without authorization to Plaintiffs’ devices by
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`impairing the ability of those Devices to operate as warranted, represented, and
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`advertised.
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`COUNT 2
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`CALIFORNIA COMPUTER DATA ACCESS AND FRAUD ACT1
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`Cal. Penal Code § 502, et seq.
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`65. Each allegation made above is realleged as if fully set forth herein.
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`66.
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`In pushing updates to its iOS to unsuspecting users of its Devices,
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`Apple violated the California Penal Code, Computer Data Access and Fraud Act,
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`Cal. Penal Code § 502, et seq.
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`
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`67. When Apple provided iOS updates to consumers like Plaintiffs, they
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`did not know, nor could they in the exercise of reasonable diligence know, that the
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`software updates contained code that would throttle their Devices.
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`68. Because consumers did not know that the iOS updates contained such
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`throttling code, they did not give Apple permission to access their devices to alter
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`the data or computer systems on those devices.
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`1 Plaintiffs bring claims under California law because Apple’s uniform iOS Software License Agreement
`provides that California Law shall apply. Plaintiffs’ claims arise from Apple’s unlawful installation of
`operating software that throttled Plaintiffs’ devices.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 12 of 20 PageID #: 12
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`69. Apple provided the iOS Updates to consumers as part of a scheme or
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`artifice to defraud and deceive, because it provided the updates to consumers instead
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`of informing them of the defects and battery issues inherent on their devices. Indeed,
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`Apple could have informed consumers that the battery issues they were having with
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`their devices could be resolved via a battery replacement. Apple instead chose
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`concealment, and throttling devices via the installation of software placed onto
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`users’ devices for that purpose.
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`70. Apple offered iOS updates to consumers to throttle their devices as a
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`means to encourage consumers to purchase new devices, wrongfully obtaining
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`money from those consumers.
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`71. By offering the iOS updates to consumers, instead of revealing the
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`truth, Apple disrupted or caused the disruption of consumer services when it
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`improperly and unlawfully throttled users’ devices. Plaintiffs did not consent to
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`having their devices throttled, and had they known that the iOS updates would
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`throttle their devices, they would not have installed the iOS updates.
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`72. As a result of Apple’s unlawful conduct, Plaintiffs were damaged in an
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`amount to be determined at trial.
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`73. Plaintiffs seek all monetary and non-monetary relief allowed by law,
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`including damages and punitive damages, an order enjoining the acts and practices
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`described above, attorneys’ fees, and costs under the CDAFA.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 13 of 20 PageID #: 13
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`COUNT 3
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`VIOLATION OF THE UNFAIR COMPETITION LAW
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`Cal. Bus. & Prof. Code §§ 17200 et seq.
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`74. Each allegation made above is realleged as if fully set forth herein.
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`75. The Unfair Competition Law (UCL) prohibits unlawful, unfair, or
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`fraudulent acts in the course of business.
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`76. Apple’s unlawful acts in violation of the CDAFA, described in Count
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`2, caused Plaintiffs to suffer injury in fact and to lose money or property, including
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`from not receiving the benefit of their bargain in purchasing the iPhones and
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`increased time and expense dealing with performance issues. See Cal. Bus. & Prof.
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`Code § 17204.
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`77. Plaintiffs seek all monetary and non-monetary relief allowed under the
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`UCL, including restitution of all profits stemming from Apple’s unlawful business
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`practices; injunctive relief; declaratory relief, attorneys’ fees and costs, and other
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`appropriate equitable relief.
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`COUNT 4
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`CONSUMER’S LEGAL REMEDIES ACT
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`Cal. Civ. Code § 1770
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`78. Each allegation made above is realleged as if fully set forth herein.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 14 of 20 PageID #: 14
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`79. The Consumer’s Legal Remedies Act (“CLRA” is a comprehensive
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`consumer protection statute codified at an after Section 1750 of the California Civil
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`Code. The CLRA is to be interpreted liberally to protect consumers against unfair
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`and deceptive practices in the trade and commerce of consumer goods.
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`80. The CLRA provides for injunctive and other relief, as well as for claims
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`for damages. However, at least thirty days before a claim for damages may be
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`brought, notice complying with California Civil Code Section 1782 must be
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`delivered to the Defendant. In this complaint, Plaintiffs bring a claim for injunctive
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`relief under the CLRA but do not bring a claim for damages. Notice compliant with
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`Section 1782 has been delivered to Apple concurrent with the filing of this
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`complaint.
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`81.
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`In section 1770 of the California Civil Code, the CLRA prohibits
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`several specific deceptive practices, including representing that goods and services
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`have characteristics they do not have and representing that goods or services are of
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`a particular standard, quality, or grade, when they are not, advertising goods or
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`services with intent not to sell them as advertised, and representing that the subject
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`of a transaction has been supplied in accordance with a previous representation when
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`it has not.
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`82. Apple represented that the batteries in Plaintiffs’ iPhones were
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`sufficient to properly power their phones and allow them to run the applications
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 15 of 20 PageID #: 15
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`thereon. It omitted the fact that the battery sold with Plaintiffs’ iPhones could not
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`support their phones in the manner that consumers’ typically use them. Without
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`informing Plaintiffs, Apple then placed the throttling software on Plaintiffs’ iPhones
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`to conceal the battery defects, omitting this purpose from the release notes and
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`concealing it from Plaintiffs.
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`83. Apple thus represented that the iPhones had characteristics that they did
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`not, and that the iPhones and their batteries were of a particular quality when they
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`were not. Apple also misrepresented the nature of the updates it encouraged
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`Plaintiffs to download to their iPhones.
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`
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`84. Plaintiffs relied on Apple’s representations and did not know the battery
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`sold with the iPhones they purchased could not support their phones. Plaintiffs also
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`did not know that the purpose of the iOS update was to place throttling software on
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`their phones.
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`85. As a result of Apple’s violation of the CLRA, Plaintiffs suffered injury,
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`including damage to their iPhones and losses incurred in responding to the damage.
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`Plaintiffs seek declaratory and injunctive relief declaring that Apple’s conduct
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`violates the CLRA and preventing Apple from continuing to do so.
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`86. As a result of Apple’s violation of the CLRA, Plaintiffs suffered injury,
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`including damage to their iPhones and losses incurred in responding to the damage.
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`Pursuant to Section 1782(a) of the California Civil Code, this Complaint shall serve
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 16 of 20 PageID #: 16
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`as Plaintiffs’ notice and demand that Apple correct, repair, replace, or otherwise
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`rectify the violations of the CLRA described herein. Plaintiffs shall amend this
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`Complaint after at least thirty days to formally allege a claim for all relief allowed
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`by the CLRA, including money damages, punitive damages, and attorneys’ fees and
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`costs.
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`COUNT 5
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`TRESPASS TO CHATTELS
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`87. California common law prohibits the intentional intermeddling with
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`personal property in the possession of another, without consent, that results in either
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`a) the deprivation of the use of that personal property; or b) the impairment of the
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`condition, quality, or usefulness of the property.
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`88. Apple impaired the condition, quality, and usefulness of Plaintiffs’
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`devices, or parts of them, without their knowledge or consent. Such acts constituted
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`an intentional interference with the use of the devices.
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`
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`89. Apple acted intentionally, because it knew that Plaintiffs were
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`downloading computer software onto their devices that reduced the performance of
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`the devices. Plaintiffs only consented to the installation of iOS updates that would
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`improve performance, not diminish performance.
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`
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`90. Apple engaged in deception to gain access to the devices and install
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`new computer software in the form of iOS updates.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 17 of 20 PageID #: 17
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`
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`91. Plaintiffs suffered actual damages as a result of Apple’s actions in an
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`amount to be determined at trial.
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`JURY DEMAND
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`Plaintiffs demand trial by struck jury on all issue so triable.
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`PRAYER FOR RELIEF
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`Plaintiffs respectfully pray that the court will do the following:
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`A) Take jurisdiction of this cause;
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`B) After a jury trial, enter a final injunction against Apple, Inc. enjoining it
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`from engaging in the illegal activity described herein;
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`C) After a jury trial enter a final judgment against Apple, Inc., awarding
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`Plaintiffs their monetary damages;
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`D) Award Plaintiffs their costs and reasonable attorneys’ fees as authorized
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`by the California Computer Data Access and Fraud Act;
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`E) Award any other relief to which the Court finds plaintiffs are entitled.
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`Respectfully submitted this 16th day of July, 2021
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`/s/ Dargan M. Ware
`Dargan M. Ware
`Attorney for Plaintiffs
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`OF COUNSEL:
`D. Frank Davis (DAV009)
`John E. Norris (NOR041)
`Wesley W. Barnett (BAR141)
`Dargan M. Ware (WAR089)
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 18 of 20 PageID #: 18
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`Kristan B. Rivers (RIV013)
`DAVIS & NORRIS, LLP
`2154 Highland Avenue South
`Birmingham, Alabama 35205
`Telephone: 205.930.9900
`Facsimile: 205.930.9989
`fdavis@davisnorris.com
`jnorris@davisnorris.com
`wbarnett@davisnorris.com
`dware@davisnorris.com
`krivers@davisnorris.com
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 19 of 20 PageID #: 19
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`CERTIFICATE OF SERVICE
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`/s/ Dargan M. Ware
`Attorney for Plaintiffs
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`The undersigned hereby certifies that the foregoing was filed on July 16, 2021
`with the United States District Court for the Southern District of Alabama through
`the CM/ECF electronic filing system and will be served on Defendant Apple in
`accordance with the Federal Rules of Civil Procedure.
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`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 20 of 20 PageID #: 20
`Case 1:21-cv-00317-MU Document 1 Filed 07/20/21 Page 20 of 20
`PageID #: 20
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