Apple iTunes HD Class Action Lawsuit

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Apple iTunes HD Class Action Lawsuit

By Anne Bucher

Apple charged $1 for high definition (HD) feeds to older Apple devices, even though they lacked the HD capacity to show iTunes video in HD, according to a new class action lawsuit.

Lead plaintiff Scott J. Weiselberg alleges in the Apple HD class action lawsuit, filed in San Francisco federal court, that Apple’s default download option is to offer the more expensive HD option when using iTunes to rent HD movies, TV shows and other videos.

In 2008, Apple began offering movie and video download rentals for its iPhone, iPod and iPad devices. Early models of these devices lacked the capacity to play HD content, and were limited to playing standard definition (SD) content. Apple’s newer versions of the devices were HD-capable, and the company began to charge an extra $1 per rental for this service by default.

Weiselberg, who owned a 3G SD iPhone, claims that he had rented the movie “Big Daddy” from iTunes in June 2010. He paid $4.99 to rent the movie, unaware that a cheaper SD version of the movie was available for rental. Had Weiselberg been aware that he could have paid less for the same video rental, he would have done so. However, Apple, by default, charged him the higher price for a premium service he did not have the opportunity to enjoy, the class action lawsuit states.

While Weiselberg acknowledges that the company did eventually add a notice to the iTunes download process to notify customers that SD devices could not play HD content, he argues that Apple had already collected “millions of dollars in undeserved profits.”

The class action lawsuit states: “Despite the fact that Apple makes the HD version of the content offerings the default rental option, Apple failed to disclose to customers using SD Apple mobile devices that the device could not play the HD content being rented, and that the customer was needlessly playing the premium for the HD option.” These customers were unaware that there was a cheaper SD video rental option available.

In his class action lawsuit, Weiselberg claims that Apple’s failure to mention a cheaper SD option amounted to a fraudulent omission in violation of California’s Unfair Competition Law. He is seeking restitution, an injunction and damages for unjust enrichment.

The Apple iTunes HD class action lawsuit is the latest to be filed against Apple. The company recently agreed to a class action settlement for game currency charges that minors charged to their parents’ iTunes account without their knowledge. Apple also agreed to a $53 million class action settlement related to the company’s refusal to honor warranties on its products due to alleged water damage, even when devices were not exposed to water.

Weiselberg is represented by Richard Kellner of Kabateck, Brown and Kellner in Los Angeles.

Updated June 29th, 2013

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