The Apple iTunes Gift Card Scam Class Action Lawsuit is Carl Barrett, et al. Hagman of Cafferty Clobes Meriwether and Sprengel LLP. Guglielmo of Scott + Scott Attorneys at Law LLP and Anthony F. The plaintiffs are represented by Christopher M. The plaintiffs also request that the Court grant injunctive or declaratory relief, including an order requiring Apple “to refrain from seeking to enforce the iTunes gift card terms and conditions on victims of gift card scams who did not register or redeem the iTunes gift card, and to refrain from transferring any money to Apple Developer accounts associated with gift card scams.”ĭo you believe you have been the victim of an iTunes gift card scam? Tell us about it in the comments. In addition to a jury trial, the plaintiffs are asking the Court to certify the class action and to award “actual, general, special, incidental, statutory, punitive, and consequential damages and restitution,” pre- and post-judgment interest and reasonable attorneys’ fees and costs. The plaintiffs claim Apple has committed a breach of contract, become unjustly enriched through the scams, breached the Implied Covenant of Good Faith and Fair Dealing and aided and abetted international torts. The complaint alleges Apple has violated the California Consumers Legal Remedies Act, California Unfair Competition Law, California False Advertising Law and Oregon Elder Persons and Persons with Disability Abuse Prevention Act, as well as California and other states’ elder abuse laws. 1, 2015, to present.Ī proposed Contact Subclass would include those who contacted Apple about the scam but were not refunded, and an Elder Subclass would apply to anyone in the U.S. who “purchased one or more iTunes gift cards, provided the redemption codes to people unknown to them who sought the codes under false pretenses, and were not refunded the value of the iTunes gift cards by Apple” during the Class Period of Jan. The nationwide Class would include everyone in the U.S. The class action lawsuit alleges the scams happen in one of two ways. “Even if only 10% of scam victims report to the FTC … the iTunes gift card scam would approach $1 billion, with Apple retaining $300 million in commissions.”
As a result, this $93.5 million figure appears to be only the tip of the iceberg,” the complaint says.
“These publicly reported dollar amounts include the losses of only the subset of victims who fill out a detailed online FTC form asking for their personal information. However, the complaint continues, the iTunes gift card scams that were reported to the FTC between 20 amounted to in excess of $93.5 million. The gift card scam “deprives consumers of hundreds of millions of dollars or more,” the class action lawsuit states, adding that most people never report the scam to the Federal Trade Commission (FTC). The plaintiffs say in addition to keeping the commission, Apple retains iTunes gift card funds for four to six weeks before paying vendors, but then falsely tells the public the scammed money is “irretrievable,” according to Tech Crunch.
0 kommentar(er)
