Ever downloaded an app on your iPhone? You might be owed compensation
Almost 20million iPhone and iPad users in the UK could be owed compensation from Apple. The case is being led by King’s College London lecturer Dr Rachael Kent, and the action claims Apple’s App Store policy of receiving 30 percent commission on purchases is in breach of European and UK competition laws. The case, which claims consumers have been overcharged for years, was filed with the UK Competition Appeal Tribunal (CAT) last year and is seeking damages of up to £1.5billion for 19.6million people in the UK.
And this week the action has overcome a major hurdle, after CAT rejected an attempt by Apple to limit the consumer claim.
This means the case can now proceed and could go to full trial.
The UK doesn’t have a class action lawsuit structure like the US, with ‘optout’ claims allowed instead from 2015.
This means that affected people don’t need to sign-up to be in with a chance of receiving a payout, and instead have to opt out if they don’t want to be included as part of legal action.
Anyone in the UK who owns an iPhone or iPad and purchased a paid app, paid subscription or made in-app purchases on the UK App Store since October 1 2015 will be included in the claim.
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Purchases have to be made directly on an iPad or iPhone device to be eligible for the claim.
Speaking about the latest developments in the case Dr Kent, the class representative in the action, said: “This is excellent news for App Store users in the UK. I applaud the Competition Appeal Tribunal for this clear and well-thought-out decision, which demonstrates that the major reforms of the UK’s class action procedures since 2015 are working and that consumers and businesses can now be empowered to uphold their collective rights against abuses of competition law.”
Dr Kent went on to add: “We look forward now to progressing the case on behalf of consumers and businesses. We believe, we have a convincing and well-founded argument that Apple’s practices are detrimental to those in the class, and the evidence will support it.”
While speaking previously about the claim, Apple said: “We believe this lawsuit is meritless and welcome the opportunity to discuss with the court our unwavering commitment to consumers and the many benefits the App Store has delivered to the UK’s innovation economy.”
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