Apple Hit With Class Action Lawsuit Over iCloud Backups

[jarman92]

They SHOULD be sued for still offering 5GB after 15 years and forcing everyone to pay them!

What's the legal argument there, "Apple doesn't give me enough free stuff"?

 

[now i see it]

ridiculous lawsuit-
exactly who is entitled to have online backups?
Answer: Nobody

Hello- online backups are not a right, but an optional service

 

[jarman92]

..I'll state it again, this is not an antitrust trial; Monopoly status is irrelevant. It's a civil class-action suit.

A third time, no. It's a class-action lawsuit based in the Sherman Antitrust Act.

 

[WarmWinterHat]

A third time, no. It's a class-action lawsuit based in the Sherman Antitrust Act.

Based on doesn't matter, it's still a civil suit. They don't have to follow the Sherman act when/if it comes to trial. It's just an argument point for the plaintiffs. The only thing that can be awarded is (monetary) damages, though Apple could voluntarily change their practices and then request dismissal, but the court could still enforce a monetary judgement. Only the DOJ, or a state AG, can bring a Sherman Antirust trial against a company with the ability to win and enforce remedies.

Source, my wife. A 20-year practicing attorney.

 

[turbineseaplane]

Source, my wife. A 20-year practicing attorney.

Whoa .. hold on ...

Are you saying we are going to use informed facts for discussion points around here?

👍

 

[jayducharme]

At some point users have to take responsibility for their own “privacy and security”

But that’s where Apple’s strength is supposed to lie, in doing this sort of thing for consumers so they don’t have to think about it. And that’s been one of their main points in marketing: Apple keeps your data private. But I do agree that 5gb for free is inadequate now.

 

[psingh01]

Local backup still work.

 

[Orange Bat]

But that’s where Apple’s strength is supposed to lie, in doing this sort of thing for consumers so they don’t have to think about it. And that’s been one of their main points in marketing: Apple keeps your data private. But I do agree that 5gb for free is inadequate now.

Sure, and if you want to backup with Apple you can. But that doesn’t mean there shouldn’t be other options for backup as well. There are plenty of secure, reliable backup options on the Mac, there is no reason there are not others for iPhone and iPad. The “security” argument just doesn’t hold water.

 

[jonnyb098]

What's the legal argument there, "Apple doesn't give me enough free stuff"?

The legal argument is they borderline force people into paying because 5GB isn't enough to do a backup anymore. So false advertising, deceptive marketing? And if your phone needs to be replaced you are screwed without a proper backup.

Aside from that it's just a jerk move. Just take out the slap in the face 5GB and say backups are a paid service, period.

Did you also buy a iPhone 16 based on the Bella Ramsey ad they were forced to pull (and also in a class action over)?

 

[LIVEFRMNYC]

Is any of this the reason why 3rd party cloud apps can’t sync without the app being open?

 

[jarman92]

Based on doesn't matter, it's still a civil suit.

It's a civil suit, yes. But so are the DoJ suits against Apple, Google, Amazon, etc. In fact, most remedies in the Sherman Act are civil, with criminal penalties provided for only the most egregious conduct (i.e. price-fixing).

They don't have to follow the Sherman act when/if it comes to trial. It's just an argument point for the plaintiffs. The only thing that can be awarded is damages.

What? 2 of the 3 claims in the amended complaint are explicitly Sherman Act claims. Like, they say "Sherman Act."

Source, my wife. A 20-year practicing attorney.

If your wife told you anything in this comment, I would highly recommend against taking legal advice from her.

Source—me, an attorney who can read a complaint.

 

[ELman]

If I received 5GB added to my account every time I purchased an Apple device it would not be an issue.

 

[jarman92]

The legal argument is they borderline force people into paying because 5GB isn't enough to do a backup anymore. So false premise, deceptive marketing? And if your phone needs to be replaced you are screwed without a proper backup.

Aside from that it's just a jerk move. Just take out the slap in the face 5GB and say backups are a paid service, period.

Did you also buy a iPhone 16 based on the Bella Ramsey ad they were forced to pull (and also in a class action over)?

I can't tell if this is a serious comment or not...you can't actually think that Apple should be legally required to provide a free service to its users?

 

[WarmWinterHat]

It's a civil suit, yes. But so are the DoJ suits against Apple, Google, Amazon, etc. In fact, most remedies in the Sherman Act are civil, with criminal penalties provided for only the most egregious conduct (i.e. price-fixing).



Um, what? 2 of the 3 claims in the amended complaint are explicitly Sherman Act claims. Like, they say "Sherman Act."



If your wife told you anything in this comment, I would highly recommend against taking legal advice from her because she has no idea what she's talking about.

Source—me, an attorney who can read.

Fair enough, I'm reading things and asking her while she is bored doing CE, so you could be correct. I'm not great at spelling such things out. 😂

 

[jonnyb098]

I can't tell if this is a serious comment or not...you can't actually think that Apple should be legally required to provide a free service to its users?

I never said that. You are literally making stuff up. I said they should remove the 5GB tier and make it a paid service rather than deceptively offering "free" backup storage that's useless in 2025 due to how much data people have on their devices.

Are we clear now?

 

[Ctrlos]

ridiculous lawsuit-
exactly who is entitled to have online backups?
Answer: Nobody

Hello- online backups are not a right, but an optional service

Yes, but we should have a right to choose which company we trust with that data. The whole point of anti-monopoly laws is to increase competition, increase value and drive down prices. If Apple suddenly had to compete at parity with Google, Microsoft, Dropbox etc they would quickly increase the storage and have a better selection tiers. Everybody wins.

Now maybe I don't want my passwords stored on Dropbox but the option of a direct plugin to Photos so the functionality is exactly like iCloud would be nice. I'd also like the option of using iCloud with Android just as I can with Windows.

 

[Ctrlos]

Its always worth mentioning that local backups are the best solution regardless. Cloud storage does not back up your data as you'll find if you accidentally delete a Photo from your iPhone but not realise for 6 weeks.

But for most people their iPhone is their only computer.

 

[Orange Bat]

She can’t make backups without a computer, but she also can’t make backups without a network connection to access a third party cloud provider. Apple provides options for backups, but the user needs to provide the computer or network connection.

Your mother choosing not to buy a computer doesn’t make iCloud a monopoly — she has the option to backup her device to a computer over WiFi or by plugging into it directly, whether she chooses that option or not.

Here’s the difference: I have numerous companies to choose from when it comes to network connections. However, I can’t choose how to back up data with the network connections even though there are companies out there willing to offer their services. So now I have to pay for a network connections AND an expensive computer just so I can back up my data.

When the only option to iCloud is a prohibitively expensive and inconvenient alternative, that’s a monopolistic practice. It’s like saying, “You need to use our phone service because it’s most secure. But if you don’t like it there’s always pigeons to deliver your messages.”

 

[centauratlas]

I am hoping Apple updates (all) their encryption to be quantum safe ASAP. They are aware of the potential for abuses later which is why they have upgraded iMessage, however until they are quantum safe, I'd be reluctant to store backups anywhere. Although at least Apple seems to attempt to protect users.

 

[jarman92]

I never said that. You are literally making stuff up. I said they should remove the 5GB tier and make it a paid service rather than deceptively offering "free" backup storage that's useless in 2025 due to how much data people have on their devices.

Are we clear now?

So you're arguing that the free storage is not, in fact, free? 🤨

 

[kjvmartin]

I think the complaints about the free tier are almost always selfish ones where they think that a fair amount of free storage = however much they personally need to back their data up without having to pay. Which, fine, but just be honest about the fact that you think iCloud backups should be free. I don’t think there’s any there there for them needing to up the free tier.

I do think there’s merit to the argument that we should be able to make cloud backups to other storage providers. I would never in a million years start using Google for my device backups, but the option would hopefully force competition and lower prices some.

The complaint is that the phone is basically non-functioning out of the box on the free tier, by design, as a way to frustrate people into buying a paid tier. The average iPhone user has no idea, and the iPhone isn't going to suggest the most cost effective alternative(s) to dealing with this.

I have relatives who are bombarded with iPhone popups about storage, unable to backup, out of room. The 5GB fills up quickly under default settings, and by the time I show up to try and fix it, we have to delete lots stuff and adjust settings to try and stop it from filling again, but it's nearly impossible to stay on top of.

Apple needs a "local only" master setting, essentials only in the cloud, or whatever. Turn on the iPhone for the first time and you are prompted with that option.

 

[Xiao_Xi]

"alleges that Apple effectively forces consumers to use ‌iCloud‌ for backing up ‌iPhone‌ data while restricting third-party cloud services from providing comparable functionality, with wired backups being the only other option."

Plaintiffs have chosen cloud storage on Apple's mobile devices as the relevant market for the lawsuit. It remains to be seen whether the judge agrees or not.

 

[WarmWinterHat]

The complaint is that the phone is basically non-functioning out of the box on the free tier, by design, as a way to frustrate people into buying a paid tier. The average iPhone user has no idea, and the iPhone isn't going to suggest the most cost effective alternative(s) to dealing with this.

I have relatives who are bombarded with iPhone popups about storage, unable to backup, out of room. The 5GB fills up quickly under default settings, and by the time I show up to try and fix it, we have to delete lots stuff and adjust settings to try and stop it from filling again, but it's nearly impossible to stay on top of.

Apple needs a "local only" master setting, essentials only in the cloud, or whatever. Turn on the iPhone for the first time and you are prompted with that option.

They really do need to let the end-user kill the obnoxious popups about being low on storage. I don't pay for iCloud, don't backup to it, and I have still got them, dismissed them, and then got them again.

Leave me alone, Apple. I don't care. Your popups are no more acceptable than any other company.

 

[turbineseaplane]

They really do need to let the end-user kill the obnoxious popups about being low on storage. I don't pay for iCloud, don't backup to it, and I have still got them, dismissed them, and then got them again.

Leave me alone, Apple. I don't care. Your popups are no more acceptable than any other company.

Also, stop reminding me about Apple Music please.

 

[Mac-85]

What’s so hard about doing your own backups to your own computer and storage device? I’ve been doing that for 40 years… near 20 w iPhone.
This sounds like a gang of lawyers looking for $$$$$