SAN JOSE – A New Jersey man has filed suit against an electronics company alleging that it suggests that users agree to violative provisions of its terms of service.
Thomas Silkowski filed a class-action complaint on April 28 in the U.S. District Court for the Northern District of California, San Jose Division against Apple Inc., alleging violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.
According to the complaint, the plaintiff alleges that Apple's iTunes terms and conditions allegedly include violative provisions that the consumer would have to agree to in order to use its services. The suit states that the terms and conditions include statements that bar the users from asserting claims against the defendant, which is allegedly in violation of New Jersey law.
The plaintiff requests a trial by jury and seeks injunctive relief requiring the removal of the terms and conditions that violate the act, payment of $100 in actual damages to plaintiff and each class member, all legal fees and any other relief as this court deems just. He is represented by Todd D. Carpenter and Brittany C. Casola of Carlson Lynch Sweet Kilpela & Carpenter LLP in San Diego; Joseph J. DePalma of Lite Depalma Greenberg LLC in Newark, New Jersey; Katrina Carroll and Kyle A. Shamberg of Lite Depalma Greenberg LLC in Chicago; and R. Bruce Carlson, Gary F. Lynch and Kevin Abramowicz of Carlson Lynch Sweet Kilpela & Carpenter LLP in Pittsburgh.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02338