Apple is in hot water in the courts once again, and this time it’s not over refused warranties, missing chargers, or even antitrust allegations. This time, it’s Apple’s iTunes Store that’s under fire: the popular platform for streaming and downloading music, podcasts, movies, and TV shows (among other things).
Apple further argued that Andino was not claiming a concrete injury as a basis for the lawsuit, but rather a speculative one, since he himself had not lost items he purchased through iTunes.
District Court Judge John Mendez’s response was that while Andino had no concrete injury in his case, “the injury is that at the time of purchase, he paid either too much for the product or spent money he would not have but for the misrepresentation.”
This economic injury is concrete and actual, not speculative as Apple contends, satisfying the injury in fact requirement of Article III. —Judge Mendez
While Andino had not lost money on iTunes, many others have “bought” movies or TV shows on the platform, only to find them gone sometime later. This is why Andino is seeking class-action status for the lawsuit, on behalf of everyone who has been misled and lost money on iTunes.