US judge denies Apple's request to dismiss 'bait apps' lawsuit

Case proceeds on 4 of 5 claims

US judge denies Apple's request to dismiss 'bait apps' lawsuit
Parents who filed a class action lawsuit against Apple after their children amassed staggering in-app purchase (IAP) bills have been told by a San Jose court that their case will not be dismissed.

Those involved claim to have incurred bills as high $338.72, with the kids involved making said purchases apparently unknowingly in free-to-play games, since dubbed 'bait apps' by the accusers.

It was an issue that first made headlines when an 8 year old mistakenly spent $1,400 on IAPs in Capcom's Smurfs' Village.

Bait n Switch

Said bills were amassed before Apple removed a loop hole that previously allowed users to make microtransactions without entering their password during the first 15 minutes of play time after the app had been installed.

Apple naturally tried to dismiss the action when it was first presented, but US District Judge Edward Davila has now confirmed it will proceed on four of the five claims originally made by the plaintiffs.

"Contrary to Apple’s argument, Plaintiffs have alleged with specificity which misrepresentations they were exposed to, their reliance on those misrepresentations, and the resulting harm," said the judge, citing claims Apple "actively advertis[ed], market[ed] and promot[ed] its bait Apps as 'free' or nominal."

Apple is expected to file its defence on 24 May, which will likely see the company focus on contract law arguments, as well as how contract law applies to minors, and whether in-app purchases are covered by iTunes terms of service.

[source: paidContent]

Fresh out of the packaging, Tom joins Pocket Gamer with a chip on his shoulder and a degree in Journalism. Naively, Tom believes there's a star-studded career in video games and has penned words across the internet in between praying to the almighty Nintendo gods.