May 5 (Reuters) - Apple ( AAPL ) should return hundreds of
millions of dollars to developers who claim the iPhone maker
defied a U.S. judge's order governing its lucrative App Store,
causing them to pay inflated commissions for more than a year, a
new lawsuit said.
App developer Pure Sweat Basketball filed the proposed class
action on Friday in the Oakland, California, federal court,
after a judge ruled last week that Apple ( AAPL ) defied her order in a
lawsuit brought by "Fortnite" maker Epic Games.
The 2021 injunction in that lawsuit was supposed to give
developers more freedom to steer consumers outside Apple's ( AAPL ) App
Store for potentially cheaper purchases. Pure Sweat's lawsuit
was filed on behalf of as many as 100,000 developers.
The lawsuit estimated that Apple's ( AAPL ) conduct cost them
"hundreds of millions or even billions" of dollars in damages.
"Apple ( AAPL ) should be made to disgorge its wrongful profit, and
developers are entitled to be made whole," the complaint said.
Apple ( AAPL ) did not immediately respond to a request for comment.
In a statement, Steve Berman, a lead attorney for Pure
Sweat, said they were focused on "obtaining justice" against
Apple ( AAPL ).
The lawsuit follows U.S. District Judge Yvonne Gonzalez
Rogers' April 30 ruling that said Apple ( AAPL ) willfully violated her
injunction in the Epic Games case, including by charging
developers a new 27% fee when Apple ( AAPL ) customers complete an app
purchase outside the App Store. The injunction became effective
in January 2024.
Gonzalez Rogers referred Apple ( AAPL ) and one of its executives to
federal prosecutors for a possible criminal contempt
investigation.
Apple ( AAPL ) denied violating Rogers' order, and the company on
Monday filed its notice of appeal.
Pure Sweat said Apple ( AAPL ) blocked the developer in 2023 from
publishing an app for education videos and workouts that
contained links to purchase content outside of the app.
"Apple ( AAPL ) schemed to maintain the status quo, as if no
Injunction had entered, retaining its billion dollar in-app
payments revenue stream while depriving developers of the
intended fruits of the Injunction," the lawsuit said.
Apple ( AAPL ) faces other consumer and government lawsuits
challenging its business practices. In one such case, Hagens
Berman is representing consumers accusing Apple ( AAPL ) of illegally
monopolizing the smartphone market.
The case is Pure Sweat Basketball Inc v. Apple Inc ( AAPL ), U.S.
District Court for the Northern District of California, No.
4:25-cv-03858.
For plaintiff: Steve Berman of Hagens Berman Sobol Shapiro;
and Eamon Kelly of Sperling Kenny Nachwalter
For Apple ( AAPL ): No appearance yet
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