Judges have not said Apple’s 5GB free iCloud space is good or bad, the plaintiffs just haven’t made their case
A potential class-action lawsuit alleging that Apple tricked users into having to pay for iCloud is probably now completely dead, having lost an appeal before the Ninth Circuit.
The case centered on the claim that it is “virtually impossible” for a user’s requirements to be satisfied with the 5GB tier, and that it was effectively impossible for users to reduce their iCloud use. However, as noted by Law360, two of the plaintiffs were reportedly still on the 5GB tier.
Three Ninth Circuit judges considered the appeal, but said the plaintiffs had failed to prove their claims. The judges also noted that users have the option to turn off iCloud if they wish.
The case was originally dismissed on similar grounds in 2022 by Judge Haywood S. Gilliam Jr, of the US District Court for the Northern District of California. At that time, the judge rejected claims that Apple intentionally misled consumers over iCloud fees, although he allowed that the plaintiffs could amend their complaint.
It’s not clear whether they did, but the plaintiffs did take the decision to appeal. They may yet do so again, but this time their only option would be the Supreme Court, which is unlikely to hear their case.
So Apple won this one, but it is still facing similar cases regarding iCloud. The UK’s ‘Which?’ consumer group announced in November 2024 that it was filing suit with the aim of getting a $4 billion payout for “rip-off” iCloud prices.
