Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 1 of 31
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`Jennie Lee Anderson (SBN 203586)
`ANDRUS ANDERSON LLP
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`155 Montgomery Street, Suite 900
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`San Francisco, California 94104
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`Tel: (415) 986-1400
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`Fax: (415) 986-1474
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`jennie@andrusanderson.com
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`Troy M. Frederick *
`Beth A. Frederick *
`FREDERICK LAW GROUP, PLLC
`836 Philadelphia Street
`Indiana, PA 15701
`Tel: (724) 801-8555
`Fax: (724) 801-8358
`tmf@fredericklg.com
`baf@fredericklg.com
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`Counsel for Plaintiff and Proposed Classes
`*Counsel Admitted Pro Hac Vice
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`
`Jonathan Shub (C.A. Bar No. 237708)
`Kevin Laukaitis *
`SHUB LAW FIRM LLC
`134 Kings Hwy. E., 2nd Floor
`Haddonfield, NJ 08033
`Tel: (856) 772-7200
` Fax: (856) 210-9088
`jshub@shublawyers.com
`klaukaitis@shublawyers.com
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`Keith T. Vernon *
`Andrew Knox *
`
`TIMONEY KNOX, LLP
`400 Maryland Ave, PO Box 7544
`Fort Washington, PA 19034-7544
`Tel: (215) 646-6000
`Fax: (215) 591-8258
`kvernon@timoneyknox.com
`aknox@timoneyknox.com
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`
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`MATTHEW PRICE, individually and on
`behalf of all others similarly situated,
`
`
`Plaintiff,
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` v.
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`APPLE, INC., a California corporation,
`
`Defendant.
`
`
`
`Case No.: 21-cv-02846
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`
`SECOND AMENDED
`CLASS ACTION COMPLAINT
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`JURY TRIAL DEMANDED
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 2 of 31
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`Plaintiff, Matthew Price, by and through his undersigned counsel, Andrus Anderson, LLP,
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`Shub Law Firm LLC, Frederick Law Group, PLLC, and Timoney Knox, LLP, on behalf of
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`himself and all others similarly situated, brings this Second Amended Class Action Complaint
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`against Apple, Inc. (hereinafter “Apple” or “Defendant”), and alleges as follows upon personal
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`knowledge as to himself and his own acts and experiences and, as to all other matters, alleges,
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`upon information and belief based upon, inter alia, investigations conducted by his attorneys:
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`NATURE OF THE CASE
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`1.
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`This is a class action lawsuit brought by Plaintiff, Matthew Price, individually and
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`on behalf of similarly situated Classes of consumers against Apple.
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`2.
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`Plaintiff and members of the Classes each had an Apple ID and purchased from
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`Apple “Apps”1 and “Content” including movies, music, games, media, books, Apps, and/or made
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`in-app purchases of “Content” and/or “Services” 2 (collectively “Content”) through the use of an
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`Apple ID3 via either an Apple device, such as an iPhone, iPad, Mac, Apple Watch, and/or Apple
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`TV, and/or a non-Apple manufactured device.
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`3.
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`As set forth below, on information and belief, Apple has a uniform policy and
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`practice of terminating Plaintiff’s and members of the Classes’ Apple IDs after they lawfully
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`1 The Apple Media Service Terms and Conditions last updated September 16, 2020, attached
`hereto as “Exhibit A,” states that the term “App” “includes apps and app clips for any Apple
`platform and/or operating system, including any in-app purchases, extensions (such as
`keyboards), stickers, and subscriptions made available in such apps or app clips.”
`2 “This Agreement governs your use of Apple’s services (“Services”), through which you can buy,
`get, license, rent or subscribe to content, Apps [], and other in-app services (collectively,
`“Content”). Content may be offered through the Services by Apple or a third party.” (See
`“Exhibit A”).
`3 “An Apple ID is the account you use across Apple’s ecosystem.” (See “Exhibit A”). It consists
`of an email address and a password to log-in to access Content.
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 3 of 31
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`engage in chargebacks,4 and then refuse to provide access to their apps, Services, Content and/or
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`unspent money in their Apple accounts.
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`4.
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`“Chargebacks are different from refunds, but both can result in [a customer]
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`receiving a credit for an order that went wrong or a fraudulent charge on [a customer’s] account.
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`[] Chargebacks are a consumer protection tool that allow consumers to get their money back for
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`fraudulent charges or purchases that don’t live up to standards by submitting a dispute with their
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`card issuer. [] A refund comes directly from a merchant, while a chargeback comes from [a
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`customer’s] card issuer.”5
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`5.
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`As set forth below, on information and belief, Apple has a uniform policy and
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`practice of retaining and not returning unspent money that Plaintiff’s and members of the Classes’
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`had in their Apple accounts when Apple terminated their Apple IDs.
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`6.
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`Defendant’s conduct, as set forth herein, breaches its Apple Media Services Terms
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`and Conditions (hereafter “Apple’s Terms” or “Terms”, Exhibit A).
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`7.
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`BACKGROUND
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`Apple designs, manufactures, and markets smartphones, personal computers,
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`tablets, watches, and accessories, and sells, or otherwise makes available, related Content.
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`8.
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`Apple consumers who want to obtain Content, iCloud storage, or make in-app
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`purchases must do so through Apple using an Apple ID. Apple consumers must create an Apple
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`
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`4 A chargeback is a charge that is returned to a payment card after a customer successfully
`disputes an item on their account statement or transactions report. A chargeback may occur on
`debit cards (and the underlying bank account) or on credit cards. Chargebacks can be granted to
`a cardholder for a variety of reasons and are not considered refunds. Chargebacks are a lawful
`consumer tool that is regulated by Federal Law, specifically the Electronic Fund Transfer Act
`and the Truth in Lending Act. See
`https://www.investopedia.com/terms/c/chargeback.asp#:~:text=A%20chargeback%20is%20a%2
`0charge,for%20a%20variety%20of%20reasons.
`5 https://www.cnbc.com/select/what-is-a-chargeback/
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 4 of 31
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`ID and register a valid method of payment to make payments to Apple for any purchases made
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`through Apple. Even free Apps, Content, and Services obtained through Apple require an Apple
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`ID and valid method of payment. The following is a screen capture from Apple’s website that
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`further explains this process:6
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`9.
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`As part of the related content and services that it sells, Apple operates various
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`platforms, including its App Store. The App Store is a digital distribution platform for mobile
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`apps on its iOS & iPadOS operating systems. The App Store allows consumers to browse,
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`download, and/or purchase Apps developed with Apple’s iOS Software Development Kit. Apps
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`can be downloaded on the devices that Apple manufactures and sells, such as iPhones, iPads,
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`Macs, Apple Watches, and/or Apple TVs.
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`6 https://support.apple.com/en-us/HT202631
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 5 of 31
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`10.
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`To purchase and/or access Services, Apps, and/or Content through Apple, one
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`must do so using an Apple ID. The following are screen captures from Apple’s website which
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`describe Apple IDs: 7
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`7 https://support.apple.com/en-us/HT202659
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 6 of 31
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`11.
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`Apple acknowledges in its Terms that, “[u]sing our Services and accessing your
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`Content may require an Apple ID. An Apple ID is the account you use across Apple’s ecosystem.
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`Use of Game Center is subject to this Agreement and also requires a Game Center account. Your
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`account is valuable, and you are responsible for maintaining its confidentiality and security.”
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`Exhibit A.
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`12.
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`By design, many of Apple’s apps and the Content it offers are essential to its users’
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`everyday lives, including apps that act as or store its customers’ wallets, driver’s licenses8, car
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`keys, airline boarding passes, public transit passes, provide safe directions, store their verifiable
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`COVID-19 vaccination cards, monitor their health, and schedule doctors’ appointments. As such,
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`Apple has purposefully created apps and content that are much more than mere “nonessential
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`recreational activity”. For example, Apple released the following summary of its essential
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`offerings:
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`Apple also continues to deliver on its vision of replacing
`customers’ physical wallets with Wallet, an easy-to-use and secure
`digital wallet. Wallet helped customers access
`important
`information about their health in 2021, with the ability to add and
`view verifiable COVID-19 vaccination cards, and in Australia,
`health insurance cards. Digital tickets in Wallet helped venues and
`their guests create safe, contactless experiences, and last year,
`customers used 30 million NFC tickets in Wallet for events across
`music, sports, theater, and more across the US and Canada. The
`ability for customers to simply tap their iPhone or Apple Watch to
`pay and ride transit is now available in more than 200 cities across
`the globe after recently debuting in China (Nanchang and Foshan),
`Russia (Kazan), and Sweden (Malmo), as well as in San Francisco
`with the Clipper card. Student IDs in Wallet helped university
`students in the US and Canada safely and securely get around
`campus. And for travelers, Apple rolled out the first hotel room
`keys at select Hyatt properties in the US while also unlocking
`magical moments for Walt Disney World visitors with Disney
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`8 Apple launches the first driver’s license and state ID in Wallet with Arizona,
`https://www.apple.com/newsroom/2022/03/apple-launches-the-first-drivers-license-and-state-id-in-wallet-with-
`arizona/
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 7 of 31
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`MagicMobile passes in Wallet. Users can look forward to support
`for home keys and corporate badges, as well as state IDs and
`driver’s licenses, this year.
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`[]
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`Maps also introduced an enhanced navigation experience with
`additional road details that help drivers navigate through cities
`more easily and safely; powerful transit updates that allow users to
`pin their favorite lines in Maps, and receive notifications on iPhone
`or Apple Watch when it’s time to disembark a selected route; and
`step-by-step walking guidance in augmented reality.9
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`13. Without an operable Apple ID, an Apple customer cannot access the Content and
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`Services they purchased from and/or through Apple on the Apple platform or the money they
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`have uploaded to their Apple accounts.
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`14.
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`Upon information and belief, Apple has sold over 1.5 billion active Apple devices,
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`and the vast majority of these devices are associated with an Apple ID.10
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`JURISDICTION AND VENUE
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`15.
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`This Court has subject matter jurisdiction pursuant to the Class Action Fairness
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`Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The amount in controversy exceeds the aggregate
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`sum of $5,000,000 exclusive of interest and costs, there are over 100 putative class members, and
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`minimal diversity exists because at least one member of the Class is a citizen of a different state
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`than Defendant.
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`16.
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`This Court has personal jurisdiction over Defendant because it is authorized to and
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`regularly conducts business in California and its principal place of business is in California.
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`
` https://www.apple.com/newsroom/2022/01/apple-services-enrich-peoples-lives-throughout-
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`the-year/ (last accessed on April 19, 2022).
` https://9to5mac.com/2020/01/28/apple-hits-1-5-billion-active-devices-with-80-of-recent-
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`iphones-and-ipads-running-ios-13/ (last accessed on March 17, 2021).
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 8 of 31
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`17.
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`Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because Defendant
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`resides in this District and a substantial part of the events or omissions giving rise to Plaintiff’s
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`claims occurred in this District.
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`INTRADISTRICT ASSIGNMENT
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`18.
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`Pursuant to Civil Local Rule 3-2(c-e), a substantial part of the events giving rise
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`to the claims herein arose in Santa Clara County, California, and this action should be assigned
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`to the San Jose Division.
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`THE PARTIES
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`19.
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`Plaintiff, Matthew Price, is an adult citizen and resident of Pennsylvania, residing
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`in Cambria County, Pennsylvania.
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`20.
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`Defendant Apple is a California corporation with its headquarters and principal
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`place of business in Cupertino, California, which lies within this District. Apple is a citizen of
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`California. In addition to being headquartered and having its principal place of business in
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`Cupertino, California, Apple transacts substantial business throughout the State of California,
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`through advertising, marketing, and ownership of numerous Apple retail stores throughout
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`California, including several in this District. Further, substantially all of the misconduct alleged
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`in this Complaint occurred in and/or emanated from this district in California.
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`21.
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`At all times relevant hereto, Mr. Price had an Apple ID and was in a contract with
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`FACTS
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`Apple. See Exhibit A.
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`22.
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`At no time did Mr. Price breach Apple’s Terms.
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`23.
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`At all times relevant hereto, Mr. Price owned an iPhone, iPad, and MacBook Pro.
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`Since January 8, 2015, he has used his Apple ID to buy Content and Services from Apple,
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`spending $24,590.05, for use on his Apple devices, doing so in a lawful manner at all times.
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`24.
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`During his time as an Apple customer, Mr. Price made numerous in app game
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`purchases through Apple, many of which did not work as advertised or at all.11 When Mr. Price
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`complained to Apple about these purchases that did not work, Apple advised him to contact the
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`game/app developer for redress. When Mr. Price contacted the app/game developer about the
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`items he purchased that did not work, the app/game developer advised him that they could not
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`refund his money or do anything to help him since the purchases were made from Apple. When
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`Mr. Price again contacted Apple for guidance on how he could be reimbursed for his purchases
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`of products that did not work, Apple advised him to talk to his bank/credit card company to have
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`them chargeback the money he spent on said purchases. As such, Mr. Price followed Apple’s
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`guidance and instituted chargebacks for purchases he made of products that did not work.
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`25.
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`On or about October 27, 2020, as he had done before, as one of his final actions
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`before Apple unlawfully terminated his Apple ID, Mr. Price deposited $10.00 to his Apple
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`account from his checking account.
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`26.
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`On or about October 29, 2020, after Mr. Price followed Apple’s advice and made
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`multiple chargebacks, Apple terminated Mr. Price for breaching its terms by engaging in
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`chargebacks.
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`27.
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`On or around December 29, 2020, during one of Mr. Price’s many telephone calls
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`with Apple, an Apple representative specifically told Mr. Price that his Apple ID was terminated
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`11 An in app game purchase is a purchase made through Apple while using an app, typically for
`access or items that otherwise could not be obtained while playing the game or that could only be
`obtained after significantly more game play.
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`because he initiated chargebacks. Upon information and belief, Apple records all of its customer
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`phone calls and Mr. Price expects that Apple has the content of this telephone call available.12
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`28.
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`As such, upon information and belief, Apple terminated Mr. Price’s Apple ID
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`because he initiated lawful chargebacks, which are not prohibited by Apple’s Terms.
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`29. When Apple unlawfully terminated Mr. Price’s Apple ID, it permanently deprived
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`him of the $24,590.05 worth of Services and Content he bought from Apple to be used on his
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`Apple devices.
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`30.
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`In addition to losing access to his Apple ID Content on his Apple devices, Mr.
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`Price also had an account balance of $7.63 in unspent money in his Apple account when Apple
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`terminated his Apple ID, which he can longer access and which Apple has refused to return to
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`him.13
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`12 To date, as a result of ongoing negotiations regarding Apple’s requirement to have a
`confidentially order in place prior to production of documents, Plaintiff has not received any
`documents pursuant to Apple’s obligations to produce under Fed. R. Civ. P. 26(a)(1).
`13 Please see the following Screen Capture of Mr. Price’s Apple Account Balance Screen Shot
`taken on April 6, 2021.
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 11 of 31
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`After terminating his Apple ID, Apple representatives advised Mr. Price that he
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`31.
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`could immediately create a new Apple ID and re-purchase his content.
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`32.
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`Regardless of why Apple terminated a customer’s Apple ID, Apple’s Terms do
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`not give Apple the authority to retain or restrict unspent money in a customer’s Apple account if
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`Apple terminates a customer’s Apple ID. See Exhibit A.
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`33.
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`Despite Apple’s claim that chargeback “abuse” is prohibited by Section L of its
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`Terms, Apple’s Terms do not prohibit or even address chargebacks, let alone define what abuse
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`means in the context of a chargeback. Exhibit A at § L & ECF 32 at 27-28 fn 9.
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 12 of 31
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`APPLE’S TERMS
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`34.
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`Apple’s Terms states:
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`TERMINATION AND SUSPENSION OF SERVICES
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`If you fail, or Apple suspects that you have failed, to comply with
`any of the provisions of this Agreement, Apple may, without notice
`to you: (i) terminate this Agreement and/or your Apple ID, and you
`will remain liable for all amounts due under your Apple ID up to
`and including the date of termination; and/or (ii) terminate your
`license to the software; and/or (iii) preclude your access to the
`Services.
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`Apple further reserves the right to modify, suspend, or discontinue
`the Services (or any part or Content thereof) at any time with or
`without notice to you, and Apple will not be liable to you or to any
`third party should it exercise such rights.
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`(Emphasis added) Exhibit A.
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`35.
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`Apple’s Terms defines “Services” as follows, “[t]his Agreement governs your use
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`of Apple's services (‘Services’), through which you can buy, get, license, rent or subscribe to
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`content, Apps (as defined below), and other in-app services (collectively, ‘Content’).” Exhibit A
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`§ A. As such, the unspent money remaining in their Apple accounts when Apple terminated
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`Plaintiff’s and the Class’s Apple IDs is not “Services” under the Terms. Id.
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`36.
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`However, Apple’s Terms do not prohibit chargebacks. Exhibit A. As such, Apple
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`cannot determine that Plaintiff and the members of the Classes violated its Terms for engaging in
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`chargebacks without breaching the controlling contract.
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`37.
`
`Further, Apple’s Terms do not permit it to seize and retain or restrict Plaintiff’s
`
`and the members of the Classes’ unspent money in their Apple accounts when it terminates their
`
`Apple IDs.
`
`38.
`
`The following is a sampling of complaints regarding Apple’s unlawful practices:
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`1874415-1
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`11
` SECOND AMENDED CLASS ACTION COMPLAINT
`
`

`

`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 13 of 31
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`
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`https://discussions.apple.com/thread/253320013
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`Id.
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`12
` SECOND AMENDED CLASS ACTION COMPLAINT
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`

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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 14 of 31
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`
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`https://discussions.apple.com/thread/253430231
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 15 of 31
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`
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`Id.
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 16 of 31
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`
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`https://www.reddit.com/r/applehelp/comments/enfza3/ramifications_of_an_apple_id_suspensio
`n_after/
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`
`
`
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`
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`https://www.reddit.com/r/applehelp/comments/tu446f/child_made_over_100_in_unauthorized_
`purchases/
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 17 of 31
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`
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`https://www.reddit.com/r/applehelp/comments/pj1n1b/is_apple_support_out_of_their_mind_is_
`stealing/
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 18 of 31
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`
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`(Emphasis added) https://discussions.apple.com/thread/250752046
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`
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 19 of 31
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`
`
`(Emphasis added) https://discussions.apple.com/thread/3660791
`
`(Emphasis added) Id.
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`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 20 of 31
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`
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`(Emphasis added)
`https://www.reddit.com/r/apple/comments/hz8eko/your_account_has_been_disabled_in_the_ap
`p_store/
`
`
`39.
`
`Accordingly, Plaintiff, on behalf of himself and the members of the first proposed
`
`Class, seek to recover the money paid to Apple for Apps, music, movies, TV shows, services
`
`and/or other Content they purchased but were prohibited from accessing when Apple erroneously
`
`terminated their Apple IDs because they engaged in chargebacks.
`
`40.
`
`If Apple has a policy regarding chargebacks and the termination of Apple IDs for
`
`those customers who initiate chargebacks, Apple has not included that policy in its Terms or made
`
`such policy available to its customers.
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`1874415-1
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`19
` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 21 of 31
`
`
`
`41. When a consumer initiates a chargeback, the consumer’s financial institution goes
`
`through a process to verify that the chargeback request is valid while including the merchant in the
`
`process.
`
`42.
`
`At no time did Mr. Price breach the Terms and in fact was in compliance with the
`
`Terms.
`
`43.
`
`Additionally, Plaintiff, on behalf of himself and the members of the second
`
`proposed Class, seeks to recover the unspent money they had in their Apple accounts when Apple
`
`terminated their Apple IDs.
`
`
`
`CLASS ACTION ALLEGATIONS
`
`44.
`
`Pursuant to the provisions of Federal Rules of Civil Procedure 23(a), (b), and (c),
`
`Plaintiff brings this action on behalf of himself and the following Nationwide Classes (the
`
`“Classes”):
`
`All persons in the United States who had an Apple ID and who
`had their Apple ID terminated for engaging in chargebacks and
`who were deprived access to the unspent money in their Apple
`account and the purchased Content and/or Services in their
`Apple account.
`
`And
`
`All persons in the United States who had an Apple ID which
`Apple terminated and who had unspent money in their Apple
`account when their Apple ID was terminated.
`
`Excluded from the Classes are Apple itself, any entity in which Apple has
`
`45.
`
`controlling interests, and Apple’s officers, directors, legal representatives, successors,
`
`subsidiaries, and assigns; and any judicial officer presiding over this matter, members of their
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 22 of 31
`
`
`
`immediate family, members of their judicial staff, and any judge sitting in the presiding court
`
`system who may hear an appeal of any judgment entered.
`
`46.
`
`Certification of Plaintiff’s claims for classwide treatment is appropriate because
`
`Plaintiff can prove the elements of his claims on a classwide basis using the same evidence as
`
`would be used to prove those elements in individual actions asserting the same claims.
`
`47.
`
`This action has been brought and may be properly maintained on behalf of the
`
`Class proposed herein under Rule 23 of the Federal Rule of Civil Procedure and satisfies the
`
`numerosity, commonality, typicality, adequacy, predominance, and superiority requirements of
`
`its provisions.
`
`48.
`
`Plaintiff reserves the right to amend the Class and/or Subclass definitions based
`
`on information learned through discovery.
`
`49.
`
`Numerosity - Fed. R. Civ. P. 23(a)(1): Consistent with Rule 23(a)(1), the
`
`members of the Class are so numerous and geographically dispersed that the joinder of all
`
`members is impractical. While the exact number of Class Members and Subclass Members
`
`(collectively, “Class Members”) is unknown to Plaintiff at this time, there are hundreds of
`
`thousands of Apple customers who have, or have had, an Apple ID, and: 1) who had Apple
`
`erroneously terminate their Apple IDs during the class period because of chargebacks and who
`
`have been prevented from accessing their Content and unspent money; and 2) who had Apple
`
`terminate their Apple IDs during the class period with unspent money in their Apple Accounts.
`
`The members of the Class can be readily identified through Apple’s records.
`
`50.
`
`Commonality and Predominance - Fed. R. Civ. P. 23(a)(2) and (b)(3): This
`
`action involves common questions of law and fact that predominate over any questions affecting
`
`individual Class Members. The common questions include, but are not limited to:
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`21
` SECOND AMENDED CLASS ACTION COMPLAINT
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`

`

`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 23 of 31
`
`
`
`a. Whether Defendant engaged in the conduct alleged herein;
`
`b. Whether Defendant and members of the classes entered into valid
`contracts and, if so, the material terms of such contracts;
`
`c. Whether Defendant materially breached its Terms with members of the
`classes;
`
`d. Whether any such material breach caused harm or injury to the members
`of the classes;
`
`e. Whether Defendant breached its Terms by terminating Plaintiff’s and
`Class’s Apple IDs because they engaged in chargebacks when the Terms
`do not prohibit chargebacks;
`
`f. Whether Defendant breached its Terms by retaining and/or refusing to
`return unspent money to its customers that remain in their Apple accounts
`when Defendant terminated their Apple IDs;
`
`g. Whether Plaintiff and the Classes are entitled to an award of reasonable
`attorneys’ fees, pre-judgment interest, and costs of this suit;
`
`h. Whether Plaintiff and the Classes are entitled to recover monetary damages
`for the services and Content they paid for and lost access to when
`Defendant terminated their Apple IDs;
`
`i. Whether Plaintiff and the Classes are entitled to recover the unspent money
`that remained in their accounts when Defendant terminated their Apple
`IDs;
`
`j. Whether Plaintiff and the Classes have sustained financial loss and the
`proper measure of any such financial loss;
`
`k. Whether Plaintiff and the Classes are entitled to damages, and the proper
`measure of any such damages; and
`
`
`
`
`
`
`
`l.
`
`Such other common factual and legal issues as are apparent from the
`allegations and causes of action asserted in this Complaint.
`
`Typicality - Fed. R. Civ. P. 23(a)(3): Plaintiff’s claims are typical of other Class
`
`51.
`
`Members’ claims because Plaintiff and Class Members were, or may be, subjected to the same
`
`allegedly unlawful conduct and were, or may be, damaged in the same way.
`
`1874415-1
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` SECOND AMENDED CLASS ACTION COMPLAINT
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`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 24 of 31
`
`
`
`52.
`
`Adequacy - Fed. R. Civ. P. 23(a)(4): Consistent with Rule 23(a)(4), Plaintiff will
`
`fairly and adequately represent the Classes. Plaintiff has the best interests of the members of the
`
`Classes in mind. Plaintiff has no conflicts of interest with the Classes. Plaintiff’s counsel are
`
`competent and experienced in litigating class actions, including extensive experience in consumer
`
`protection claims. Plaintiff intends to vigorously prosecute this case.
`
`53.
`
`Superiority - Fed. R. Civ. P. 23(b)(3): A class action is superior to other available
`
`methods for the fair and efficient adjudication of these claims because individual joinder of the
`
`claims of all members of the Classes is impracticable. Many members of the Classes are without
`
`the financial resources necessary to pursue this matter. Even if some could afford to litigate
`
`claims separately, such a result would be unduly burdensome to the courts in which the
`
`individualized cases would proceed. Individual litigation increases the time and expense of
`
`resolving a common dispute concerning Defendant’s actions toward an entire group of individuals.
`
`Class action procedures allow for far fewer management difficulties in matters of this type and
`
`provide the unique benefits of unitary adjudication, economies of scale, and comprehensive
`
`supervision over the entire controversy by a single judge in a single court. The Classes may be
`
`certified pursuant to F.R.C.P. 23(b)(2) because Defendant has acted on grounds generally
`
`applicable to the Classes.
`
`54.
`
`The Classes may also be certified pursuant to F.R.C.P. 23 (b)(3) because questions
`
`of law and fact common to members of the Classes will predominate over questions affecting
`
`individual members, and a class action is superior to other methods for fairly and efficiently
`
`adjudicating the controversy and causes of action described in this Complaint.
`
`55.
`
`The claims asserted herein are applicable to Plaintiff and members of the Classes.
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`1874415-1
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`23
` SECOND AMENDED CLASS ACTION COMPLAINT
`
`

`

`Case 4:21-cv-02846-HSG Document 53 Filed 04/26/22 Page 25 of 31
`
`
`
`56.
`
`Adequate notice can be given to Class Members directly using information
`
`maintained in Defendant’s records or, if necessary, through notice by publication.
`
`57.
`
`Damages may be calculated from the data maintained in Defendant’s records, so
`
`that the cost of administering a recovery for the Classes can be minimized.
`
`
`
`CAUSES OF ACTION
`
`COUNT I
`
`(Breach of Contract)
`
`58.
`
`Plaintiff hereby incorporates the fore