A new class action lawsuit has been filed against Apple in California, accusing the company of "unfair, unlawful, deceptive, and misleading practices" in promoting iCloud, according to AppleInsider. The case -- filed on behalf of Danyelle Comer in the US District Court for the Northern District of California -- specifically targets Apple for failing to properly transition paid Mobile Me subscribers over to iCloud. "Throughout the migration, Apple failed to adequately ensure that features Mobile Me users were paying for would be accessible, including access to their e-mail accounts for which customers pay additional fees," complaint documents read. "As a result, numerous Mobile Me users suffered damage from the inability to access their individual accounts."Apple is said to have "misrepresented" iCloud in advertising, in that the company was allegedly ill-prepared for transitioning Mobile Me customers, with "devastating" results. "Unfortunately for many users it doesn't 'just work' and has resulted in a series of headaches due to lack of syncing ability, lack of email functionality and other complications and losses and corruption of data," the complaint goes on. "In fact a number of users have been forced to hire outside technical assistance at significant cost, just to migrate to the iCloud platform or get around it to obtain minimal functionality of emails and other systems."
The filing also makes references to problems merging Mobile Me accounts with Apple IDs; when buying apps and the music at the iTunes Store, for instance, users might have used an Apple ID separate from the email address linked to Mobile Me, forcing a person to choose between their purchases or their address. Another issue is said to be downtime, since iCloud and Mobile Me email accounts have supposedly been inaccessible at times when Apple's status system said they were running properly. "Apple's most dedicated consumers, including those who paid for Mobile Me service have continually experienced problems with iCloud migration, including lack of email for extended periods," the suit says.
Apple is charged with unjust enrichment, breach of express warranty, breach of implied warranty of merchantability, and violating the California Consumer Legal Remedies Act as well as the Magnus-Moss Warranty Act. Mobile Me is currently in its last weeks of life; after June 30th the service will shut down, taking with it anything not migrated over to iCloud, though me.com and mac.com email addresses will still function.
By Electronista Staffprintemail(16)
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