Apple Can't Nix False Ad Suit Over iTunes' 'Buy' Button

Law360 (April 21, 2021, 9:51 PM EDT) -- A California federal judge on Tuesday rejected Apple Inc.'s bid to dismiss putative false advertising class action claims alleging that the iTunes "Buy" button is misleading because the content can be revoked, but did nix the consumer's claims of unjust enrichment and for equitable restitution.

U.S. District Judge John A. Mendez kept intact the false advertising claims from David Andino, who has alleged Apple offers users the opportunity to "Rent" or "Buy" movies, television shows, music and other content but that it can, and does, terminate their access to the "bought" content.

Apple had argued that "no reasonable consumer would believe"...

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