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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 1 of 26
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`
`Kim D. Stephens (pro hac vice forthcoming)
`Jason T. Dennett (pro hac vice forthcoming)
`Kaleigh N. Powell (pro hac vice forthcoming)
`1700 Seventh Avenue, Suite 2200
`Seattle, Washington 98101
`Telephone: 206.682.5600
`Fax: 206.682.2992
`kstephens@tousley.com
`jdennett@tousley.com
`kpowell@tousley.com
`
`Eric H. Gibbs (SBN 178658)
`David Berger (SBN 277526)
`Alexander Bukac (SBN 305491)
`GIBBS LAW GROUP LLP
`505 14th Street, Suite 1110
`Oakland, California 94612
`Telephone: (510) 350-9700
`Fax: (510) 350-9701
`ehg@classlawgroup.com
`dmb@classlawgroup.com
`ajb@classlawgroup.com
`
`Counsel for Plaintiff and the Proposed Class
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`
`ALASDAIR TURNER, individually and on
`behalf of all others similarly situated,
`
`Plaintiff,
`
`v.
`
`APPLE, INC., a California corporation,
`
`
`
`No. 5:20-cv-7495
`
`CLASS ACTION COMPLAINT
`
`JURY TRIAL DEMANDED
`
`Defendant.
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`
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`INTRODUCTION
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`1.
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`Plaintiff Alasdair Turner (“Plaintiff”) files this Class Action Complaint against
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 2 of 26
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`Defendant Apple, Inc. (“Apple” or “Defendant”), on behalf of himself and all persons in the
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`United States who owned or leased an Apple iPhone with iOS 13 installed and who used a
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`limited cellular data plan with that iPhone, for Apple’s unlawful and unfair business practices.
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`2.
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`To use their iPhones, consumers are required to use Apple’s mobile operating
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`system—designed and marketed by Apple—known as iOS. In September 2019, Apple released
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`iOS version 13, which Apple promised would bring “improvements across the entire system that
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`make your iPhone even faster and more delightful to use.”1
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`3.
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`Apple did not disclose that iOS 13 also contained hidden software code (the
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`“Consuming Code”) that caused devices running iOS 13 to consume cellular data without the
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`user’s input or control, and without providing the user any identifiable benefit.
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`4.
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`As discussed in detail below, Apple designed iOS 13 in such a way that when
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`used in the ordinary course, iOS 13 caused the user’s iPhone to surreptitiously transmit cellular
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`data, increasing the user’s overall cellular data consumption without his or her knowledge,
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`without any change in the user’s usual behavior, and without providing the user any identifiable
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`benefit. By increasing cellular data usage, the Consuming Code increases costs to users and uses
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`up the cellular data they have purchased from their cellular providers.
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`5.
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`For iPhone users who pay their cellular provider directly in proportion to the data
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`they use, or for iPhone users who pay for capped data plans (for example, 10 GB of data a
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`month), the Consuming Code causes consumers to be charged for cellular data they did not use,
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`or consumes data for which they otherwise would have been entitled to use under their data
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`plans.
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`6.
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`Soon after Apple released iOS 13, iPhone owners started submitting complaints
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`1 https://www.apple.com/ios/ios-13/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 3 of 26
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`and tech support queries related to the Consuming Code. They explained to Apple that their
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`phones were using copious amounts of data without explanation—yet Apple did nothing to fix
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`the problem for months. Finally, in June 2020, Apple released iOS version 13.6—the 14th
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`revision of iOS 13—which stopped the excess cellular data consumption.
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`7.
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`Given Apple’s months-long delay in mitigating the harmful effects of iOS 13, the
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`only reasonable explanation is that the Consuming Code was not a defect. The Consuming Code
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`was designed to measure the performance of a new Apple software product or iOS feature,
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`unbeknownst to and without the input of users—and at their expense.
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`PARTIES
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`8.
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`Plaintiff Alasdair Turner is a resident and citizen of the State of Washington.
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`Sometime in September or October 2019, Mr. Turner updated his iPhone to iOS 13. Before he
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`downloaded iOS 13, Mr. Turner did not know, nor could he have known through reasonable
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`diligence, of the Consuming Code.
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`9.
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`Defendant Apple Inc. is a corporation incorporated under the laws of the State of
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`California. It keeps its principal place of business in Cupertino, California.
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`JURISDICTION AND VENUE
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`10.
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`This Court has original jurisdiction over this action under the Class Action
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`Fairness Act of 2005, 28 U.S.C. § 1332(d)(2). This is a class action in which the amount in
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`controversy exceeds the sum of $5,000,000, and Apple is a citizen of a State different from that
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`of at least one Class member.
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`11.
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`Venue is proper in this District under 28 U.S.C. § 1391(a) through (d) because
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`Apple’s principal place of business is located in this District and substantial parts of the events or
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`omissions giving rise to the claims occurred in the District.
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`INTRADISTRICT ASSIGNMENT
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`12.
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`Under Local Rule 3-2(c) and (e) assignment of this action to the San Jose
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`Division is proper because Defendant Apple, Inc. is headquartered in Santa Clara County, and a
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`substantial part of the events or omissions which give rise to the claims alleged herein occurred
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`there.
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`FACTS
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`A.
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`Apple’s iOS is an essential—and non-negotiable—component of using an iPhone.
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`13.
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`Since it was first released in 2007, the Apple iPhone has become a ubiquitous
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`piece of technology. Apple sold approximately 185 million iPhones in 2019 alone.2 By May
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`2020, over 52% of the smartphones used in the United States were iPhones, giving Apple a
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`greater market share than all other phone manufacturers combined.3
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`14.
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`Apple bundles the iPhone with its proprietary mobile operating system: iOS.
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`iPhone owners are required to use iOS on their iPhones—they have no commercial options for
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`operating their iPhones other than iOS. Over the last eight years (starting with iOS 6), Apple has
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`announced a new iOS version each June and released it to the public each September, with
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`periodic updates issued throughout the year.
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`15.
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`One of the reasons that Apple updates iOS periodically is to add security
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`improvements called “patches.” If users choose not to install the most recent iOS version, their
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`iPhones may be vulnerable to outside attack. Apple itself encourages its users to download the
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`latest iOS updates for this reason. For example, after Wikileaks published documents in 2017
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`2 https://www.usatoday.com/story/tech/2019/12/31/iphone-sales-dip-but-still-no-1-2019-airpods-
`and-watch-rise/2775193001/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 5 of 26
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`allegedly showing that the U.S. government was trying to exploit vulnerabilities in Apple’s iOS
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`to hack into iPhones, an Apple spokesperson said:
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`Our products and software are designed to quickly get security updates
`into the hands of our customers, with nearly 80 percent of users
`running the latest version of our operating system. While our initial
`analysis indicates that many of the issues leaked today were already
`patched in the latest iOS, we will continue work to rapidly address any
`identified vulnerabilities. We always urge customers to download the
`latest iOS to make sure they have the most recent security updates.4
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`
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`16.
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`Given Apple’s representations, users acted reasonably by accepting and installing
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`Apple’s iOS updates.
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`Consumers pay cellular providers, not Apple, for their cellular data.
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`B.
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`17.
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`Though Apple is responsible for the hardware and operating system software on
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`its iPhones, it does not provide iPhone users with the data plans needed to use those iPhones.
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`That is, while Apple acknowledges that “[a] Wi-Fi or cellular data connection is required for
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`some features of the Apple Software and Services,” 5 it does not provide that Wi-Fi or cellular
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`data connection itself. Instead, consumers must turn to cellular and data providers like AT&T,
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`T-Mobile, Verizon, and Sprint, among others.
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`18.
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`Consumers pay those cellular providers directly, both for calling plans and for the
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`cellular data they need to access the internet without a Wi-Fi connection. Most providers offer
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`cellular data as part of a “plan”: consumers pay monthly for a plan that entitles them to use a
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`particular amount of cellular data per month. Consumers who exceed their monthly cellular data
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`allotment are charged overage fees, which often are exorbitant.
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`3 https://www.statista.com/statistics/266572/market-share-held-by-smartphone-platforms-in-the-
`united-states/
`4 https://techcrunch.com/2017/03/07/apple-says-most-vulnerabilities-in-wikileaks-docs-are-
`already-patched/
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`19.
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`For all consumers, then, and particularly for those who pay for capped data plans,
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`the amount of data their phones consume each month is important to the use and functioning of
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`their cell phone, in addition to the amount they pay their cellular provider for the data that they
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`receive.
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`iOS 13’s Consuming Code eats through consumers’ data—without explanation—
`and deceptively attributes that data use to “Uninstalled Apps.”
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`C.
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`20. Within weeks of Apple releasing iOS 13, consumers started noticing that their
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`iPhones were consuming data inexplicably. Despite having relatively consistent levels of cellular
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`data use before iOS 13, their iPhones began using significantly higher amounts of data after they
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`installed iOS 13.
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`21.
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`Users want to monitor their valuable cellular data usage and avoid overage
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`charges, throttling, and de-prioritization. For users who pay for capped data plans, such data
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`usage tracking is essential. Apple is aware of this and, therefore, provides users with a cellular
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`data meter on their iPhones: consumers can go into their iPhone’s Settings > Cellular > Cellular
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`Data menu to find out how much cellular data their iPhone has consumed in a particular period,
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`categorized by the application or iOS feature that consumed the data. To track their data usage
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`over a particular time period, users can manually reset their cellular data meter to zero.
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`22.
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`One of the categories that an iPhone’s cellular data meter tracks is “Uninstalled
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`Apps.” Before Apple implemented the Consuming Code, Uninstalled Apps accounted
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`exclusively for mobile data from apps that the user had uninstalled (and so the source of the data
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`consumption was no longer identified in the list of apps on the cellular data meter). Because apps
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`in this category have been uninstalled, the category should not increase except at the moment
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`5 Software License Agreement 2(h), https://www.apple.com/legal/sla/docs/iOS13_iPadOS13.pdf
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 7 of 26
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`when a user uninstalls an app, and then only by the amount of data used by that uninstalled app.
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`The Uninstalled Apps category, therefore, recorded a very limited set of data use: the amount of
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`data used by applications that the user deleted since the last time the cellular data meter was reset
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`to zero.
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`23.
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`After installing iOS 13, users who checked their cellular data meters discovered
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`kilobytes, megabytes, or in some cases gigabytes6 of cellular data consumption attributed to
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`Uninstalled Apps. Strangely, the amount of data supposedly used by uninstalled apps continued
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`to increase even when users did not uninstall any new apps.
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`24.
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`This Apple-consumed cellular data use showed up on user’s cellular provider
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`bills. Users on fixed data plans received notices that they had reached their data limits and were
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`charged for additional data over that limit.
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`25.
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`Unsurprisingly, many consumers took to the internet to share their problem and to
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`see if anyone had a solution:
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`
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`
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` “I have been having this issue as well and have been working with Apple
`for three weeks now. My phone has blown through 19 gig [sic] of data of
`which 70% has been uninstalled apps, with the phone being replaced, and
`nothing being installed or uninstalled on the phone. This has been going on
`the past three weeks with no resolution.”7 (Nov. 14, 2019)
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` “Mine also shows 9.3MB of cellular data used from ‘uninstalled apps’ so
`far this month and my cycle is over at the end of the 11th. It’s been showing
`a few MB’s every month now and I reset my counter at the end of each
`billing cycle. I haven’t deleted any apps in a few months. I’m on 13.3
`iPhone 7. Probably just a bug not high on their radar if at all on their
`radar.”8 (Jan. 8, 2020)
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` “I have the same problem since iOS 13.1 (official). Right now on 13.3 it’s
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`6 One megabyte (MB) is one thousand twenty four kilobytes (KB). One gigabyte (GB) is one
`thousand twenty four megabytes. 100MB is equivalent to 40 pages of web surfing or an hour on
`Google Maps. 1GB is equivalent to streaming a one hour video on Netflix.
`7 https://discussions.apple.com/thread/250660254?answerId=251283502022#251283502022
`8 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 8 of 26
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`pretty bad: about 119 MB in a month.”9 (Jan. 28, 2020)
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` “Out of the 900MB I used, 360MB came from System Services and
`Uninstalled Apps. Sometimes it’s a lot more.”10 (Jan. 28, 2020)
`
`
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` “I’ve been working with Apple support since beginning of December! My
`case has been ‘escalated ’ in priority to engineers several times. Guess
`what...huge surprise....no answers/solutions. The latest I heard was ‘in cases
`like these, usually you just have to wait for the next update.’ This was right
`before I updated to 13.3.1. Another big shock....that did NOT fix the issue.
`I’m not leaking as much data as I previously was in uninstalled apps,
`however, it is still going up......with nothing installed, uninstalled, etc!”11
`(Feb. 4, 2020)
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` “Today, I turned my cellular data on for about 10 minutes. In that time,
`uninstalled apps used over 20MBs, shooting up to 80 MBs. What is going
`on here?”12 (Feb. 5, 2020)
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`26.
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` To demonstrate the problem on their iPhones, many users began resetting
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`their cellular data meters and then reporting the subsequent data consumption reported in
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`the Uninstalled Apps category—even though they had not uninstalled any applications:
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` “I just, Reset Statistics . . . I did not delete any apps after selecting ‘reset.’
`Question: Why does my data usage for uninstalled apps keep climbing. [sic]
`It’s gone up 5 MBs in about 20 minutes.”13 (Aug. 31, 2019)
`
` “Hello, I noticed I have uninstalled data usage under cellular usage. I’ve
`read that it’s the data that the apps I deleted used, and that it should be
`cleared if I were to reset the statistics. However, I reset my statistics, and I
`hadn’t deleted any apps after that until now. However, again, the uninstalled
`apps are showing on my data usage .... with like 90mb. Why is this
`happening?”14 (Sept. 23, 2019)
`
` “It is happening with my iPhone 8 too. This category consumed 1.1 Gb in
`the last 2 days. I reset my counter and hadn’t uninstalled anything after. I
`
`
`9 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/
`10 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/page-2
`11 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=3
`12 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/page-2
`13 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/
`14 https://discussions.apple.com/thread/250660254
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`have a support case open. No resolution yet.”15 (Sept. 26, 2019)
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` “I noticed this issue as well. For example, I can do a ‘Reset Statistics’ for
`Cellular data before going to bed, not touch my phone at all the entire night,
`and the following morning there will be a few Kb’s worth of data next to
`‘Uninstalled Apps’. It wouldn’t be so annoying if we just knew what it
`was.”16 (Jan. 28, 2020)
`
` “So this is what happened : After 2-3 minutes my phone became hot. I
`checked iOS setting/cellular and saw an uninstalled app used 700-800MB. I
`closed the settings and reopened it and it was 900MB. The uninstalled app
`used 1.2GB data in less than 5-6 minutes. I immediately restarted my
`iPhone and after that it used another 200-300MB and then stopped
`downloading or uploading. . . . UPDATE : I reset my cellular statistics
`many times since yesterday and didn’t install or uninstall anything but
`‘Uninstalled App’ is still transferring data. ( About 350KB today. ) I
`contacted Apple Support again and asked for an explanation because this is
`really weird and I’m worried about my privacy and personal data.”17
`
` “Same problem here on iOS 13.3. In an attempt to remove other factors I
`did the following [sic]:
` Turned off the phone and restarted it.
` Reset the data statistics.
` Used the phone, but did not uninstall any apps.
`And, yet, the line for ‘Uninstalled Apps’ in the mobile data section in
`settings shows a few KB of data usage; slowly going up. I find this a bit
`unsettling but haven tried a complete factory reset yet.”18
`
`
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` “Checked my Data usage and saw 435kb for Uninstalled Apps. I haven’t
`uninstalled any apps in weeks let alone today. This section was zero when I
`went to sleep, and my phone only uses Cellular while I am at work. So as
`you can bet I’m very confused as to how this has happened. . . . Update: the
`size has grown to 484kb and I still haven’t deleted any apps. Update 2: it
`has gone up another 12kb. It’s not a lot but I really want to know what is
`using this data? It’s not u stalled [sic] apps as I haven’t uninstalled any apps
`since I reset the statistics yesterday morning. . . . Update Day 3: It is now at
`866kb. I still haven’t deleted any apps. How is this getting larger?”19
`
`15 https://discussions.apple.com/thread/250660254?answerId=250660254021#250660254021
`16 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/
`17 https://www.reddit.com/r/applehelp/comments/deg253/uninstalled_app_used_12gb_data/
`18
`https://www.reddit.com/r/ios/comments/d7njbf/ios_13_uninstalled_apps_using_data_even_after/
`fcy5f7x/
`19 https://www.reddit.com/r/ATT/comments/e584ra/iphone_uninstalled_apps_using_data/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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` “Has anyone noticed that ‘uninstalled apps’ are constantly using mobile
`data? I haven’t uninstalled any apps in weeks and have reset my network
`data statistics many times since then, and uninstalled apps are somehow
`constantly increasing in mobile data used? I can reset the network stats and
`see uninstalled apps have used data within 5 minutes?! I’m at a huge loss as
`to why this is. Within an hour of resetting the statistics it has managed to
`use over 600kb of data?! Running iOS 13.2.2.”20
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` “The uninstalled app section in cellular is using data up to few kb even
`though they are uninstalled. I reset the history of cellular usage and it still
`starts using it up. Anyone know why?”21
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` “I have the same problem. Yesterday I totally nuked my phone and installed
`everything fresh – not even a restore from backup. And within minutes I
`was getting cellular data usage from an ‘uninstalled app.’ I’m already at
`1gig [sic] in just 20 hours.”22 (Jan. 6, 2020)
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` “Over the last month, my updates from Apple Support was...drum roll...No
`update available yet from the Apple Engineering team. My newest email
`update was to install 13.3.1 (which I did Feb 2nd) and reset my Cellular
`Data usage. Currently sitting at 308KB in under 48 hours. A huge
`difference from my 4GBs in 72 hours in December, but still creeping up.”23
`(Feb. 4, 2020)
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`The issue is more than just annoying for many users—it has significant impacts
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`on their cellular data usage and related cellular plans:
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` “This issue is totally leaching data from my data plan. I have 3 GB per
`month, and 500MB I lost within one day only due to this issue. For my
`personal use was used [sic] only 40 MB.”24 (Oct. 14, 2019)
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` “Because of the ridiculously high cost of cell service in Canada, for the last
`10 years I’ve used a prepaid service with a low data cap (100 MB per
`month). I almost never exceed that cap, until I installed iOS 13. After a
`couple of weeks I got the 90% data usage advisory from the carrier. In
`looking at the usage, in addition to the usual apps usage, at the top of the list
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`20 https://www.reddit.com/r/ios/comments/dw8979/uninstalled_apps_using_network_data/
`21 https://www.reddit.com/r/ios/comments/d7njbf/ios_13_uninstalled_apps_using_data_even
`_after/
`22 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=3
`23 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=3
`24 https://discussions.apple.com/thread/250660254?answerId=251283502022#251283502022
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Uninstalled Apps data was over 50 MB. . . . Now I was being billed for over
`usage by the carrier.”25 (Oct. 5, 2019)
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` “I reset yesterday to coincide with my Verizon billing period. Total use is
`4.3 MB and uninstalled apps is 197 KB. I know they are not large amounts
`but I do not have unlimited plan and IT SHOULD BE ZERO.”26 (Nov. 14,
`2019)
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` “13.2.2 is definitely not a universal fix. I’m running this version and this
`month I’m up to 21mb. Without having uninstalled anything in months.
`This is about 5% of my total data usage. Seems small but if you are on a
`limited plan, every little bit counts.”27 (Nov. 16, 2019)
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` “I am having the same issue on all three iPhones in my family – both
`personal and work phones. I have upgraded to 13.2.3. On my work phone,
`uninstalled apps went through 1.6 GB data in less than one day where I had
`a wifi connection. I had to turn off cellular data on my personal phones as I
`was running out of data.”28 (Dec. 4, 2019)
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` “3 x family iPhones – 6s, 7 & 8. All on 13.2.3 My wife and daughter have
`both used there [sic] 5gb allowance this month. Which is unprecedented. If
`I switch off wifi and reset statistics, then I see around 500kb of Uninstalled
`Apps data usage in 10 minutes. This is killing both our data plans and
`battery life.”29 (Dec. 6, 2019)
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` “I have virgin 10GB plan. I’ve never even come close to using that until last
`month when I exceeded it. 80% on uninstalled apps! Apple is clueless and
`not helpful at all. Been into store and on phone with support number of
`times all with no solution. I’ve tried everything they suggested to no avail.
`Finally upgraded from my 8 to new iPhone 11. Thought I had solved my
`problem by getting new phone....was sadly wrong....still blowing thru data
`in uninstalled apps....up to 210 MB today alone which is over 1/2 my total
`usage. This is a brand new phone....nothing ever uninstalled!”30 (Dec. 15,
`2019)
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` “Me and my wife are also having this problem. A week ago my wife lost
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` 
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`25 https://discussions.apple.com/thread/250698474?fbclid=IwAR3YJSRSDiti_NbjEIfVO0WV
`S6l2XCeOFgMlPo-xJzX3LPgWPpJ7VN6ABaE
`26 https://discussions.apple.com/thread/250660254?answerId=251283502022#251283502022
`27 https://discussions.apple.com/thread/250660254?answerId=251283502022#251283502022
`28 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=2
`29 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=2
`30 https://discussions.apple.com/thread/250660254?answerId=251283502022&page=2
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 12 of 26
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`over a gigabyte in a day to uninstalled apps and triggered her data limit
`warning – which was how we noticed. [I] thought mine has settled down
`and was ok now, so I put mobile data on again. Just noticed though that it
`has used over 200 mb today.”31 (Dec. 25, 2019)
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`
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` “I just noticed this issue on my iPhone XR. I got a notification from my
`carrier that I’ve used 90% of my 8GB of data and I have 11 days left in my
`billing cycle. My data usage is usually around 4GB per month, so this was
`pretty strange. I noticed that System Services and Uninstalled apps we’re
`[sic] taking up the majority of my data usage. I Reset my statistics and am
`keeping a close eye on this now. This seems to have started around the time
`I installed iOS 13.3.”32 (Jan. 28, 2020)
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` “One thing I find very odd though, when I look at my data usage on my
`carrier website, when I actually use data it’s always an odd number, like
`7.3115 MB. When this data glitch is in action, it’s a perfectly round
`number. 80.0000MB. 180.0000 MB. I have an 8GB data plan, which is
`plenty for my regular usage. But with this glitch, I have to turn my cellular
`data off when I’m on wifi to avoid going over my 8GB. And yes, it’s using
`cellular data even when I’m on wifi, and yes, I have wifi assist turned
`off.”33
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` “I’m at 2GBs and so is my wife’s phone. It’s crazy and frustrating. Had to
`change cell plans bc [sic] Apple was so worthless at helping. Would love if
`someone had a solution.”34
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`28. Mr. Turner’s experience has been similar to the reports above. Mr. Turner has a
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`5GB monthly plan with cellular data provider Verizon. Although 5GB previously had been
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`sufficient for his needs, after installing iOS 13, he exceeded his 5GB cellular data limit. For
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`example, in February 2020, Verizon charged Mr. Turner for one additional GB at $15 per GB
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`because he exceeded his 5GB plan by .25GB as a result of the increased cellular data usage
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`caused by the Consuming Code.
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`31 https://discussions.apple.com/thread/250698474?fbclid=IwAR3YJSRSDiti_NbjEIfVO0W
`VS6l2XCeOFgMlPo-xJzX3LPgWPpJ7VN6ABaE
`32 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/page-2
`33 https://forums.macrumors.com/threads/uninstalled-apps-using-cellular-data.2195879/page-2
`34 https://www.reddit.com/r/ios/comments/e3hxgc/uninstalled_apps_using_cellular_data/
`f9cyp34/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 13 of 26
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`29.
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`On March 18, Mr. Turner reset his iPhone’s cellular data meter. He did not
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`uninstall any applications after that date. By March 21, his iPhone was showing cellular data
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`usage under Uninstalled Apps.
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`30.
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`Like many users, Mr. Turner has been unable to stop his iPhone’s excess cellular
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`data consumption. While iPhone typically routes data over a free Wi-Fi connection when
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`available, the Consuming Code used the cellular network and consumed cellular data even when
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`Mr. Turner’s phone was connected to Wi-Fi. The only way Mr. Turner has been able to prevent
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`the Consuming Code from wasting his cellular data is by turning cellular data off completely.
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`But doing so severely limits the functionality of his iPhone.
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`31. Mr. Turner’s iPhone continued to consume cellular data recorded as Uninstalled
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`Apps until July 2020.
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`32. Mr. Turner, like all putative class members, paid for the cellular data that the
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`Consuming Code used.
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`33.
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`The cellular data that Apple appropriated for its own use had value to Mr. Turner
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`and the putative class members.
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`Apple is responsible for the Consuming Codes’ consumption of customers’ data.
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`34. Mr. Turner and other users could not have known what Apple knew: that the
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`iOS 13 Consuming Code caused their devices to surreptitiously consume significant amounts of
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`cellular data and categorize the consumption as coming from “Uninstalled Apps,” even though
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`the user did not cause the data consumption—either directly or by uninstalling an application.
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`35.
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`The Consuming Code is software introduced by Apple and Apple alone. It cannot
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`simply be explained away as malware: software designed and introduced to iPhones by third
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`parties looking to consume iPhone users’ data. Apple is renowned for its security and for
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Document 1 Filed 10/24/20 Page 14 of 26
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`maintaining tight controls over its iOS and App Store. 35 Pulse Secure—a mobile security
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`company—published study results showing that 97 percent of mobile malware was developed
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`for Apple’s leading competitor, Android. Moreover, even one of these rare iOS malware
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`developers would not be able to alter the types of data categorized as Uninstalled Apps, a
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`function controlled by iOS itself.
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`36.
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`It is also highly unlikely that the Consuming Code was an unintended defect in
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`Apple’s software that Apple could not have solved before consuming vast amounts of users’
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`valuable cellular data. One user who tested a beta (early) version of iOS 13 reported noticing the
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`Consuming Code before the iOS was released to the broader public.36 Though he reported the
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`“bug” to Apple—as did “more than ten” others, according to Apple—Apple still released iOS 13
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`with the Consuming Code and failed to warn its users about the problem.
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`37.
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`Apple began officially pushing iOS 13 on iPhones in late 2019, and it has
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`received a deluge of complaints about the Consuming Code since then. But while Apple released
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`more than a dozen major updates to iOS 13 since its initial launch, the Consuming Code was not
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`stopped until July 2020, and continued to eat up consumer data throughout the period. Despite
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`many inquiries, Apple has refused to comment on the issue.
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`38.
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`Forbes ran an article on March 17, 2020 highlighting the issue. Late in March, the
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`author provided an update: “after weeks of pressing for a response, Apple has now told me that
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`its official position is that it declines to comment on this problem. A wholly unsatisfying
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`situation for the many affected users who deserve to understand what is going on with their
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`35 See Vanja Svajcer, Sophos Mobile Security Threat Report (2014), available at
`https://www.sophos.com/en-us/medialibrary/PDFs/other/sophos-mobile-security-threat-
`report.pdf
`36 https://www.reddit.com/r/ios/comments/d7njbf/ios_13_uninstalled_apps_using_data_even
`_after/f3uv2j9/
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`CLASS ACTION COMPLAINT
`CASE NO. 5:20-CV-7495
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`Case 5:20-cv-07495 Docum