A consumer lawsuit against Apple over a phishing app will now proceed in the computer giant’s home district after a District of Maryland judge approved the plaintiff’s unopposed transfer request.
Last month’s complaint concerns a fake application downloaded by a woman that resulted in the loss of her Ripple (XRP) cryptocurrency to malicious actors. She claims that Apple is responsible for offering a fake version of the “Toast Plus” application, reportedly a well-known crypto wallet, on its App Store.
Believing the app legitimate, the plaintiff uploaded cryptocurrency account information, and several months later, discovered that her XRP had been siphoned off. The plaintiff fingers Apple for her loss and seeks to certify two classes of people who also lost digital currency after downloading the fake application.
The complaint also disclaims Apple’s contractual liability limitations, asserting that such terms are adhesive and therefore illegal. It states causes of action under the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and Maryland and other state wiretap and consumer protection statutes.
In her motion for venue transfer, the plaintiff acknowledged that “certain of Defendant’s user agreements that are likely applicable to this matter call for all disputes to be brought in courts located in Northern California.” In addition, the plaintiff pointed out that the case could have been brought in that district because it is home to Apple’s headquarters and the company conducts substantial business. For its part, Apple agreed to the transfer motion per a joint stipulation filed last week.
The case will now proceed in Apple’s preferred forum. The plaintiff is represented by Adelphi Law and Apple by DLA Piper LLP.
