LONDON--(BUSINESS WIRE)--Dr Rachael Kent’s over £1.5bn class action claim against Apple for alleged overcharging in relation to the Apple App Store has been expanded to cover consumers who made purchases on the App Store between 1 October 2015 and 15 November 2024.
In addition to individuals and businesses who, between 1 October 2015 and 8 August 2024, made for themselves and/or another person, one or more purchases of an app or digital content, services or subscriptions within an app (excluding Apple apps) from an iPhone or iPad device in the UK storefront of the App Store (“Relevant Purchases”), the Competition Appeal Tribunal has confirmed that individuals and businesses who made Relevant Purchases for the first time between 9 August 2024 and 15 November 2024 are now also included.
Further information regarding the claim can be read on the claim website here. The expansion of eligible class members comes as the claim proceeds to full trial on 13 January 2025.
A revised notice, issued by Dr Kent at the direction of the Competition Appeal Tribunal, confirms that the class now includes persons who made Relevant Purchases for the first time between 9 August 2024 and 15 November 2024; expanding the claim to cover individuals and businesses who made Relevant Purchases since 1 October 2024 – 15 November 2024.
If you made Relevant Purchases between 1 October 2015 and 8 August 2024 and were resident or (in the case of businesses) domiciled in the UK on 5 May 2022, you are automatically included in the claim unless you opted out before 9 September 2022. If you made Relevant Purchases for the first time between 9 August 2024 and 15 November 2024 and were resident or (in the case of businesses) domiciled in the UK on 15 November 2024, you are also now automatically included in Dr Kent’s claim unless you “opt-out” by 27 December 2024. By opting out you keep the right to bring your own separate claim against Apple. However, if you opt-out you will not be able to get any money from this claim (if money becomes available). Anyone living outside the UK as of 15 November 2024 who meets the criteria to be included in the class must actively “opt-in” to the claim by 27 December 2024.
For more information on how to opt-out or opt-in, visit www.appstoreclaims.co.uk/Apple. Class members are encouraged to check the website for updates about the claim, including access to Tribunal orders and further guidance.
Further information on the claim
The legal claim applies to most popular apps on iPhones and iPads, including Fortnite, YouTube, Tinder and many others, that require payment at the point of download, subscription payments, or allow for in-app purchases. It does not apply to apps providing “physical goods or services that will be consumed outside of the app”. These include Deliveroo and Uber, which are not required to use Apple’s payments system or pay Apple the disputed 30% commission on every purchase of and/or within their apps.
Affected app purchasers, on whose behalf the class action is brought, will not pay costs or fees to participate in this legal action, which is being funded by Vannin Capital, a global litigation funder. The action is insured, which means that class members have no financial risk in relation to the claim.
Dr Kent is represented by Lesley Hannah, Sofie Edwards, Kio Gwilliam, Emma Poland, Jonathan Amior, Natalie Jukes, Jake Henderson, Abigail Masters and Kazi Elias at law firm Hausfeld & Co. LLP, with barristers Mark Hoskins KC and Matthew Kennedy from Brick Court Chambers, and Tim Ward KC, Michael Armitage and Antonia Fitzpatrick from Monckton Chambers
Notes for Editors
About Hausfeld & Co. LLP
Hausfeld is a leading international law firm specialising in competition law, with significant expertise in all aspects of collective redress and group claims.
