Apple is being sued in a new class action suit (via GigaOM) led by Florida lawyer Scott Weiselberg, who accuses the company of allowing customers with older devices supporting only standard definition films to pay for and download higher quality content.

This class action involves defendant Apple, Inc. ("Apple") and its deceptive business practice of charging a premium price for the rental of HD content programs (e.g., movies, etc.) to consumers on early versions of Apple devices that Apple knew could not play HD content, and which only played the less expensive standard definition ("SD") content that Apple downloaded at the time of the rental.

As a result, millions of customers were deceived into paying the $1 premium for HD content rentals for their SD Apple Mobile Devices.

According to the filing, Weiselberg rented and downloaded the high definition version of the movie "Big Daddy," before discovering that his iPhone did not support HD playback. HD content is often offered at a premium in the App Store, and Weiselberg says that he was "tricked" into paying an extra $1 for the content.

bigdaddylawsuit
While SD and HD content is clearly marked in the App Store, Weiselberg was not aware that his phone could not play HD content, and within the filing, he suggests that Apple should have automatically recognized the device type and prevented the purchase of HD content from an SD-only phone.

HD playback was first introduced in 2008, alongside iTunes 8.0. At that time, older iPhones and iPod touches were not able to support the new format, allowing some mistaken purchases to be made. Apple has since changed the download process, introducing warnings and preventing HD content from being downloaded by SD device, but Weiselberg believes that SD options are still too difficult for users to find.

The lawsuit seeks an unspecified amount of damages, plus interest, sustained by the Plaintiff and the Class, as well as legal fees.

Top Rated Comments

BaldiMac Avatar
116 months ago
In fairness while this is a bit frivolous, you have to agree to some extent with the logic that a non HD capable device shouldn't offer HD films. Kinda how your iPhone can't see iPad only apps :)

That logic ignores the fact that you can transfer rentals to other devices, so there is a legitimate reason to offer HD content on non-HD devices.
Score: 30 Votes (Like | Disagree)
Wurm5150 Avatar
116 months ago
He should sue himself for renting a movie to watch on 3.5" screen on one count and another for renting an Adam Sandler movie.
Score: 21 Votes (Like | Disagree)
Amazing Iceman Avatar
116 months ago
This is so stupid... He could have just call Apple and ask to switch the format of his rental..

And weird... A lawyer with an old phone??? he must be a bad lawyer that makes no money...
Score: 13 Votes (Like | Disagree)
TheKrs1 Avatar
116 months ago
Option 1: Request refund

Option 2: Learn for the future

Option 3: SUE!

Clearly the most rational choice is option 3.
Score: 11 Votes (Like | Disagree)
jwdsail Avatar
116 months ago
Really?

Really?

When you buy or rent on iTunes, the content is playable on any device tied to your AppleID, including a Mac, PC, or AppleTV that you may have hooked up to an HDTV....

Just because I rent or buy it on one device, doesn't necessarily mean that I intend to watch it on that device.. How is Apple supposed to know???

I suppose Apple could add a nanny/idiot dialogue that states, "We see you are currently using a non-HD Device. If you do not have an HD device (iPhone 5, AppleTV, Mac, PC, iPad (Current Generation)) that you intend to view this content on, would you prefer to order the SD version of ****?"

I think that would get pretty f'in annoying after about a few rentals/purchases.....
Score: 9 Votes (Like | Disagree)
thedarkhalf Avatar
116 months ago
Correct me if i'm wrong, but just cause you buy the movie on one device, that doesn't mean it's only playable on said device. I thought you could buy something on the iPhone and it would be available on your iPad, Laptop and AppleTV as well.

Edit: Baldimac just answered my question :)
Score: 8 Votes (Like | Disagree)

Popular Stories

iOS 16 mock for article

Gurman: iOS 16 to Include New Ways of System Interaction and 'Fresh Apple Apps'

Sunday May 15, 2022 6:14 am PDT by
iOS 16 will include new ways of interacting with the system and some "fresh Apple apps," Bloomberg's Mark Gurman has said, offering some more detail on what Apple has in store for the upcoming release of iOS and iPadOS set to be announced in a few weeks at WWDC. In the latest edition of his Power On newsletter, Gurman wrote that while iOS 16 is not likely to introduce a major face-lift to...
maxresdefault

Unbox Therapy Shares Hands-On Look at iPhone 14 Pro Max Replica

Monday May 16, 2022 4:40 am PDT by
YouTuber Unbox Therapy has shared a hands-on look at the iPhone 14 Pro Max using what he claims is a one-to-one replica created by third-party case makers with access to detailed schematics and dimensions for Apple's new upcoming flagship smartphone. As with the iPhone 13 Pro lineup, in 2022, we are expecting a 6.1-inch iPhone 14 Pro and a 6.7-inch iPhone 14 Pro Max, but this time the Pro...
RIP iPod Feature

RIP iPod: A Look Back at Apple's Iconic Music Player Over the Years

Friday May 13, 2022 2:25 pm PDT by
Apple earlier this week announced the discontinuation of the iPod touch, and because it was the last iPod still available for purchase, its sunsetting effectively marks the end of the entire iPod lineup. To send the iPod on its way, we thought it would be fun to take a look back at some of the most notable iPod releases over the last 21 years. Original iPod (2001) Introduced in October...
macOS Monterey 2

Apple Releases macOS Monterey 12.4 With Support for Studio Display Webcam Update

Monday May 16, 2022 10:10 am PDT by
Apple today released macOS Monterey 12.4, the fourth major update to the macOS Monterey operating system that launched in October 2021. macOS Monterey 12.4 comes over two months after the launch of macOS Monterey 12.3, an update that added Universal Control. The ‌‌‌‌‌macOS Monterey‌‌ 12.4 update can be downloaded on all eligible Macs using the Software Update section of System...
iOS 15

Apple Releases iOS 15.5 and iPadOS 15.5 With Wallet and Podcast Updates

Monday May 16, 2022 10:00 am PDT by
Apple today released iOS 15.5 and iPadOS 15.5, the fifth major updates to the iOS and iPadOS 15 operating systems that were initially released in September 2021. iOS and iPadOS 15.5 come a little over two months after the launch of iOS 15.4 and iPadOS 15.4. The iOS 15.5 and iPadOS 15.5 updates can be downloaded for free and the software is available on all eligible devices over-the-air in...
airpodsprodesign

Kuo: AirPods, MagSafe Battery Pack, and Other Apple Accessories Also to Switch to USB-C in Future

Sunday May 15, 2022 5:59 am PDT by
Earlier this week, well-known Apple analyst Ming-Chi Kuo claimed that Apple plans to release at least one iPhone 15 model with a USB-C port in 2023. Now, in a follow-up tweet, he has claimed that accessories like AirPods, the MagSafe Battery Pack, and the Magic Keyboard/Mouse/Trackpad trio would also switch to USB-C in the "foreseeable future." Both the iPhone and all of the aforementioned...
apple tv 4k design green

Apple Releases tvOS 15.5 for Apple TV HD and Apple TV 4K

Monday May 16, 2022 9:57 am PDT by
Apple today released tvOS 15.5, the fifth major update to the tvOS operating system that first launched in September 2021. tvOS 15.5 comes more than two months after the release of tvOS 15.4, an update that brought support for captive WiFi networks. tvOS 15.5 can be downloaded over the air on the Apple TV through the Settings app by going to System > Software Update. ‌‌‌‌‌‌Apple...