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  • In-App Purchases Class Action Law Suit Allowed to Proceed



    Apple’s request to have a lawsuit—brought against the company by a group of parents after their kids spent large amounts of money on in-app purchases—dismissed has been denied by a California judge.

    The lawsuit, originally filed in April of 2011, alleges Apple’s implementation of in-app purchasing made it too easy for the children to rack up massive fees on their parents’ dime without realizing what they were doing. Federal Judge Edward J. Davila of the Northern District of California allowed four of the five claims laid out in the class action lawsuit to move forward. The only claim Judge Davila axed involved breach of good faith and fair dealing.

    Charges racked up by “minors” on their parents credit cards tied to their iTunes accounts ranged from $99 to more than $300. The argument revolves around the window of time starting when parents purchased the app, hand it to the unsupervised child, and when iOS would ask for reauthorization of purchases. Apple changed the password window with iOS 4.3, but the charges occurred before the iOS adjustment.

    Apple argument for the dismissal request revolved around the company’s terms and conditions which the customer agreed to upon shopping in the iTunes App Store. If only anyone actually read them...

    Source: Apple Insider
    This article was originally published in forum thread: In-App Purchases Class Action Law Suit Allowed to Proceed started by Phillip Swanson View original post
    Comments 26 Comments
    1. iPod's Avatar
      iPod -
      Well technically if it's in the terms and conditions, and you agree to them, you don't really have the right to sue...right?
    1. Mrteacup's Avatar
      Mrteacup -
      First of all you must not care if you're letting your kids (that don't understand so much yet) use your 300$ idevice under no supervision..
    1. Beastly L92's Avatar
      Beastly L92 -
      Looks like the cheap babysitter wasn't so cheap. Mom is an iPad. Dad is Call of Duty. The teacher is Lil Wayne. The biological parents are merely groundskeepers.

      Great job!
    1. NakedFaerie's Avatar
      NakedFaerie -
      well if you look in Cydia you can stop that. :P
    1. JimboHurt's Avatar
      JimboHurt -
      No children use my iDevice but I refuse to buy apps that even have huge in app purchases. I refuse to support them. If I pay for an app I should get everything. Make it 5 bucks if you want but don't make it a dollar and then have in app purchases. It's cheap.
    1. kb112's Avatar
      kb112 -
      The parents should sue their kids
    1. drigo1178's Avatar
      drigo1178 -
      Quote Originally Posted by Mrteacup View Post
      First of all you must not care if you're letting your kids (that don't understand so much yet) use your 300$ idevice under no supervision..
      my 5 year old has her own ipad, she gets to play (games) for 20-30 minutes per day and/or if we're in the car.

      that is a $600 device i am completely fine letting her use it with little to no supervision. i have also taught her how to ask if she doesnt understand certain things and not to just push buttons, what games only daddy plays like draw something, friends with scrabble etc when shes on my phone, and she understands.

      have never had any issues.

      so... either you dont have kids, or if you do, then they possibly cant comprehend what they can or cant do with the things that they have...which then in turn puts you to be as bad as those parent suing...just my .02
    1. NakedFaerie's Avatar
      NakedFaerie -
      Quote Originally Posted by JimboHurt View Post
      No children use my iDevice but I refuse to buy apps that even have huge in app purchases. I refuse to support them. If I pay for an app I should get everything. Make it 5 bucks if you want but don't make it a dollar and then have in app purchases. It's cheap.
      EXACTLY!
      This is why I use the cracks to stop In App Purchases. If they want my money then have it full when I buy it, till then I will keep using those cracks and get them for free.
      Same goes for paid apps with ads. When I pay for the app I expect NOT to see any ads like in the free versions.
    1. RyoSaeba's Avatar
      RyoSaeba -
      The thing is, some of these In App Purchases are ridiculous! $0.99 ok. $1.99 ok. $2.99 alright fine... but some of these games are charging $49.99 to $99.99! I mean wow... no iOS games are worth that much. And most of these are consumables which means that if you used all the gold/coin/gems, you'd have to buy them again! And basically the ranking system on these games are moot since who ever purchased the most will have the most. Might as well just rank them by how much money was spent!
    1. PoEtikly's Avatar
      PoEtikly -
      my 5 year old uses my iPhone but when he does I activate app locker and then the ONLY folder and apps he can access is the one I designated for his little learning and game apps. If the games has in app purchases then don't let your kid play that app.
    1. RoloDiva13's Avatar
      RoloDiva13 -
      Quote Originally Posted by drigo1178 View Post
      my 5 year old has her own ipad, she gets to play (games) for 20-30 minutes per day and/or if we're in the car.

      that is a $600 device i am completely fine letting her use it with little to no supervision. i have also taught her how to ask if she doesnt understand certain things and not to just push buttons, what games only daddy plays like draw something, friends with scrabble etc when shes on my phone, and she understands.

      have never had any issues.

      so... either you dont have kids, or if you do, then they possibly cant comprehend what they can or cant do with the things that they have...which then in turn puts you to be as bad as those parent suing...just my .02
      Please understand you are Not the norm; you are the exception (unfortunately).
    1. budsalinger's Avatar
      budsalinger -
      Quote Originally Posted by ipodtouchman77 View Post
      Well technically if it's in the terms and conditions, and you agree to them, you don't really have the right to sue...right?
      That is the only logical argument in my opinion as to why those people affected shouldn't be complaining. There are lots of great apps and games for kids and for some to say that only ignorant assheads let their kids play with their iPhones and iPads is just wrong and probably coming from ignorant children who want to bother us adults with kids. Fortunately I haven't had this problem but my 3 year old uses my iPhones and iPad for everything from FaceTime with grandma or his cousins to games and puzzles to movies and tv shows on netflix.
    1. Mrteacup's Avatar
      Mrteacup -
      Quote Originally Posted by drigo1178 View Post
      my 5 year old has her own ipad, she gets to play (games) for 20-30 minutes per day and/or if we're in the car.

      that is a $600 device i am completely fine letting her use it with little to no supervision. i have also taught her how to ask if she doesnt understand certain things and not to just push buttons, what games only daddy plays like draw something, friends with scrabble etc when shes on my phone, and she understands.

      have never had any issues.

      so... either you dont have kids, or if you do, then they possibly cant comprehend what they can or cant do with the things that they have...which then in turn puts you to be as bad as those parent suing...just my .02
      I'm not talking about a parent who has helped their kids understand how to use it and hen to ask (such as you) I'm talking about the parents suing.
    1. sziklassy's Avatar
      sziklassy -
      Another classic case of bad parents blaming everyone else for their bad parenting. Teach your damn kids not to spend your money. If you can't, don't buy them an iPod/iPhone. It's literally that simple. This is like suing the teclo for chargin you for text, data, and minutes overages. Ridiculous.
    1. sziklassy's Avatar
      sziklassy -
      Quote Originally Posted by JimboHurt View Post
      No children use my iDevice but I refuse to buy apps that even have huge in app purchases. I refuse to support them. If I pay for an app I should get everything. Make it 5 bucks if you want but don't make it a dollar and then have in app purchases. It's cheap.
      A LOT of in app purchases are basically buying cheats to play through the game faster. Plenty of great games support this. You can either play the game and "earn" you powers/skills or you can buy them with real money. I see no problem with that. If people are stupid enough to drop $20 on "a sack of gems", so be it. I'd rather play through the game myself, not pay for someone to beat it for me. It is these in app purchases which make the games free (or cheap) for me to play. I likely wouldn;t have purchased most of these games if the buy0in was $5, as you mention, and I ma sure many other fall into that same boat.

      Quote Originally Posted by RoloDiva13 View Post
      Please understand you are Not the norm; you are the exception (unfortunately).
      I am sure he does understand this. He is a good parent, by the sounds of it. Most people are not.
    1. Jammol's Avatar
      Jammol -
      My kids: "Hey dad, this came up while I was playing, what should I do?"
      Me: "That's so that you can spend all my money on stuff in the game without actually playing to get it."

      The system is flawed and ridiculously stupid! You hand your kids your device to play games and don't advise them not to click on certain things? Guess what mom and/or dad, YOU'RE *******!!!
    1. skibxskatic's Avatar
      skibxskatic -
      Quote Originally Posted by Jammol View Post
      My kids: "Hey dad, this came up while I was playing, what should I do?"
      Me: "That's so that you can spend all my money on stuff in the game without actually playing to get it."

      The system is flawed and ridiculously stupid! You hand your kids your device to play games and don't advise them not to click on certain things? Guess what mom and/or dad, YOU'RE ******!!!
      i'm pretty sure these kids aren't asking their parents... there's no way a parent would even approve these charges. your logic is flawed.
    1. teej1410's Avatar
      teej1410 -
      I just laugh when in the top grossing section of the app store, free apps are dominating over paid apps. Seriously??? Those free apps are crap. They are free for a reason.
    1. i.Annie's Avatar
      i.Annie -
      Are you kidding me? Why are parents allowing their kids to even have credit card accounts linked to their children's App Store accounts? It's not hard to set the accounts up without a credit card on file so that none of these purchases can be made. If they want to make a purchase, go ask mom and dad to make the purchase, then remove the card info afterwards. This shouldn't even be brought to court. That's just parents not wanting to take responsibility IMO.
    1. *T*'s Avatar
      *T* -
      Quote Originally Posted by PoEtikly View Post
      my 5 year old uses my iPhone but when he does I activate app locker and then the ONLY folder and apps he can access is the one I designated for his little learning and game apps. If the games has in app purchases then don't let your kid play that app.

      Poor kid

      Quote Originally Posted by sziklassy View Post
      Another classic case of bad parents blaming everyone else for their bad parenting. Teach your damn kids not to spend your money. If you can't, don't buy them an iPod/iPhone. It's literally that simple. This is like suing the teclo for chargin you for text, data, and minutes overages. Ridiculous.
      +1