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Another Class Action Lawsuit Filed Over iPhone Unlock Codes

Posted on November 5th, 2012

Apple is facing a new class action lawsuit, filed by named plaintiffs Zach Ward and Thomas Buchar, who alleged that Apple’s policies and “secret” contract with AT&T are in violation of U.S. anti-trust laws which prohibit anti-competitive behaviors.  Plaintiffs allege that consumers who purchased an iPhone between October 19, 2008 and February 3, 2011 were forced to enter into a contract with an exclusive provider, AT&T, and contend that they were never informed they could not switch to another provider. Additionally, plaintiffs alleged they could not even change service providers after the AT&T contract ended, or if they traveled abroad.

Filed in the U.S. District Court for the Northern District of California, the lawsuit alleged the company’s policy of “locking” consumers to the AT&T network without their consent is a “conspiracy to monopolize the iPhone voice and data services in violation of Section 2 of the Sherman Act.”

Prior class action lawsuits filed against AT&T failed after the U.S Supreme Court decided the case of AT&T Mobility v. Concepcion, allowing AT&T and other corporations to preclude class action lawsuits in consumer contracts. The plaintiffs have not been precluded from filing against defendant Apple, however.

Plaintiff trial attorneys are seeking multiple remedies and damages, including:

  • Declaratory and injunctive relief where Apple must provide consumers with the unlock codes for iPhone and to do so as a matter of practice in the future;
  • Treble and exemplary damages;
  • Legal costs and attorney fees.

Our firm offers consultations and strategic planning and a wide range of leading-edge plaintiff eDiscovery services for multidistrict litigation and class action lawsuits.  Call us directly at 888-313-4457.

ILS – Plaintiff Electronic Discovery Experts

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