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UPDATE 1: Details on how to file a claim for the Apple iTunes In-App Purchase Class Action Lawsuit Settlement are here!
UPDATE 2: Viewers have reported that they received their $5 Apple iTunes In-App Purchase settlement reimbursement!
A proposed class action lawsuit settlement over hidden charges in Apple children’s game apps was filed Friday. If approved, over 23 million iTunes account holders will receive notice of the Apple in-app purchase settlement, which will provide cash refunds or $5 iTunes store credits to qualified Class Members.
The settlement stems from a 2011 investigation by the Federal Trade Commission into Apple’s in-app purchasing policy, in particular for apps aimed at minors, after learning game developers were advertising “free” children’s games on iTunes and then charging high-prices for in-app purchases of “Gaming Currency” (i.e., virtual supplies, content or currency) without clearly warning parents. These purchases could cost users as much as $100 in a single click.
The FTC investigation triggered several class action lawsuits by parents who said Apple violated the law in several ways by allowing minors to purchase Game Currency. The lawsuits were consolidated later that year.
“Plaintiffs’ claims were principally two fold. First, under California’s consumer protection laws, plaintiffs alleged Apple failed to adequately disclose that these third-party game apps, largely available for free and rated as containing content suitable for children, contained the ability to make in-app purchases,” the settlement motion said.
Second, plaintiffs alleged that each in-app purchase charged by a minor constituted a separate sales contract that could be rendered voidable by the minor through the minor’s legal guardians, and that if the minor’s guardians elected to void the contracts, they would be entitled to restitution.
The proposed class action lawsuit settlement will provide Class Members a full refund for Game Currency purchases made within a single 34-day period without the knowledge or permission of the account holders. They can also elect to receive a $5 iTunes store credit.
A federal judge will consider the proposed Apple Game Currency settlement at a March 1, 2013 hearing.
The Apple In-App Game Currency Class Action Lawsuit Settlement 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.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
2 thoughts onApple Settles Children’s Game Currency Purchase Class Action
UPDATE 2: Viewers have reported that they received their $5 Apple iTunes In-App Purchase settlement reimbursement!
I have purchased this product in past. I want to be included