Hadona Diep sued Apple in Maryland federal court docket in September, accusing the corporate of internet hosting “Toast Plus,” a fraudulent cellular utility for a crypto pockets that had the same identify and related or equivalent brand to its respectable counterpart. When Diep checked its standing, she discovered that the lookalike app had deleted her account, and that she’d misplaced her deposited crypto funds.
Diep alleges she sustained greater than $5,000 in damages on account of Apple internet hosting the fraudulent app. Her co-plaintiff Ryumei Nagao claims that he misplaced $500,000. The go well with was transferred in December to the Northern District of California.
Apple qualifies as an interactive pc service supplier and printed data offered by one other content material supplier, assembly all the necessities to be immune beneath Part 230, Hamilton stated in her Sept. 2 ruling.
The choose additionally agreed with Apple that Diep didn’t efficiently plead claims beneath each California and Maryland’s Client Privateness Acts as a result of she didn’t allege particular particulars of the time, place, and content material of the alleged false representations.
Diep’s claims additionally should be dismissed as a result of beneath its Phrases and Circumstances, the corporate is just not chargeable for damages arising out of or associated to the usage of third-party apps, Hamilton stated.
Diep and Nagao are represented by Adelphi Legislation, Edward Nelson Griffin of Silver Spring, MD, and Conn Legislation PC. Apple is represented by DLA Piper LLP.
The case is Diep v. Apple Inc., N.D. Cal., No. 4:21-cv-10063, 9/2/22.