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
162 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
162 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
162 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
162 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
162 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
162 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 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
iOS 26

iOS 26.4 and iOS 27 Features Revealed in New Leak

Friday December 12, 2025 10:56 am PST by
Macworld's Filipe Espósito today revealed a handful of features that Apple is allegedly planning for iOS 26.4, iOS 27, and even iOS 28. The report said the features are referenced within the code for a leaked internal build of iOS 26 that is not meant to be seen by the public. However, it appears that Espósito and/or his sources managed to gain access to it, providing us with a sneak peek...
iOS 26

Apple Releases iOS 26.2 With Alarms for Reminders, Lock Screen Changes, Enhanced Safety Alerts and More

Friday December 12, 2025 10:10 am PST by
Apple today released iOS 26.2, the second major update to the iOS 26 operating system that came out in September, iOS 26.2 comes a little over a month after iOS 26.1 launched. ‌iOS 26‌.2 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings >...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods Pro 3

Thursday December 11, 2025 11:28 am PST by
Apple today released new firmware designed for the AirPods Pro 3 and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B30, up from 8B25, while the AirPods Pro 2 firmware is 8B28, up from 8B21. There's no word on what's include in the updated firmware, but the AirPods Pro 2 and AirPods Pro 3 are getting expanded support for Live Translation in the European Union in iOS...
macOS Tahoe 26 Thumb

Apple Releases macOS Tahoe 26.2 With Edge Light

Friday December 12, 2025 10:08 am PST by
Apple today released macOS Tahoe 26.2, the second major update to the macOS Tahoe operating system that came out in September. macOS Tahoe 26.2 comes five weeks after Apple released macOS Tahoe 26.1. Mac users can download the macOS Tahoe update by using the Software Update section of System Settings. macOS Tahoe 26.2 includes Edge Light, a feature that illuminates your face with soft...
AirTag 2 Mock Feature

Apple AirTag 2: Four New Features Found in iOS 26 Code

Thursday December 11, 2025 10:31 am PST by
The AirTag 2 will include a handful of new features that will improve tracking capabilities, according to a new report from Macworld. The site says that it was able to access an internal build of iOS 26, which includes references to multiple unreleased products. Here's what's supposedly coming: An improved pairing process, though no details were provided. AirTag pairing is already...
ipados 26 1 slide over

Apple Releases iPadOS 26.2 With Multitasking Improvements

Friday December 12, 2025 10:09 am PST by
Apple today released iPadOS 26.2, the second major update to the iPadOS 26 operating system released in September. iPadOS 26.2 comes a month after iPadOS 26.1. The new software can be downloaded on eligible iPads over-the-air by going to Settings > General > Software Update. iPadOS 26.2 continues with the multitasking improvements that were added with iPadOS 26.1. You can now drag and...
iphone fold text

'iPhone Fold' Arrival Expected to Cement Book-Style Era for Foldables

Friday December 12, 2025 3:55 am PST by
Foldable smartphone panel shipments are projected to jump 46% year-over-year in 2026, with Apple's entry into the market serving as the main catalyst, according to Counterpoint Research's latest Foldable-Rollable Display Shipment Tracker. "Apple is the key driver as it starts to procure panels for its first foldable iPhone," said Counterpoint's Guillaume Chansin. The research firm expects...