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Good news for parents who say Apple allowed their children to make in-app purchases from game apps that were supposed to be “free”: a federal judge is allowing their class action lawsuit to go to trial.Apple came under fire last year for using children’s games known as “bait apps” that are available for free in the iTunes Store but that also allow players to make in-app purchases.
A California federal judge consolidated a number of class action lawsuits from parents who said their kids were victims of “bait apps” and that they incurred $100 or more in charges from these so-called “free” games.
Apple normally makes users enter a password before they can make an in-app purchase, such as buying virtual goods. But in the case of bait apps, Apple allowed a 15-minute window after the initial purchase to make an in-app purchase without entering a password. Apple later removed the 15-minute window following complaints.
Apple motioned to have the consolidated class action lawsuit dismissed, but U.S. District Judge Edward Davila denied its request.
“Contrary to Apple’s argument, Plaintiffs have alleged with specificity which misrepresentations they were exposed to, their reliance on those misrepresentations, and the resulting harm. Plaintiffs pled specific facts that Apple “actively advertis[ed], market[ed] and promot[ed] its bait Apps as ‘free’ or nominal,” Judge Davila stated.
Apple is expected to file its defense on May 24.
The case is In re: Apple In-App Purchase Litigation, Case No. 11-cv-1758 EJD, U.S. District Court, Northern District of California, San Jose Division.
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UPDATE 5/9/14: Viewers have reported that they received their $5 Apple iTunes In-App Purchase settlement reimbursement!
Does anyone know how I can become part of the class action? I have had all these same issues.