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McTyere v. Apple Inc.

GBL, Unjust Enrichment Claims Over iTunes Store Representations Proceed Against Apple

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DECISION & ORDER On October 18, 2021, the plaintiffs, Trenise McTyere and Lucille Clark, commenced this putative class action against Apple, Inc. Docket Item 1. McTyere and Clark allege that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital content. See id. at

30, 48. They assert claims under sections 349 and 350 of the New York General Business Law, as well as a common law claim for unjust enrichment. See id. at 16-20. On January 21, 2022, Apple moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). Docket Item 7. Apple says that the plaintiffs’ General Business Law claims lack merit because Apple’s representations were not misleading and because the plaintiffs have not adequately alleged that they were injured by any such misrepresentations. See Docket Item 8. And Apple says that McTyere’s and Clark’s unjust enrichment claim should be dismissed for similar reasons and because it is duplicative of their General Business Law claims. See id. On April 22, 2022, McTyere and Clark responded to the motion to dismiss, Docket Item 26, and on May 27, 2022, Apple replied, Docket Item 29.1 For the reasons that follow, Apple’s motion to dismiss is granted in part and denied in part.2 FACTUAL BACKGROUND3 Apple is “one of the world’s largest computer and phone manufacturers and retailers”; it also offers a variety of digital content to consumers on its iTunes Store and “related applications.” Docket Item 1 at

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