Class Action Lawsuit Filed Against Apple and AT&T Over Unlimited iPad Data Plan

A class action lawsuit has been filed against Apple and AT&T after the removal of the unlimited data plan advertised for the iPad.

Lieff Cabraser Heimann & Bernstein, LLP has posted the following information on the lawsuit.

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On June 9, 2010, a consumer who purchased an Apple iPad with 3G capability and signed up for an AT&T data plan filed a nationwide class action lawsuit against Apple and AT&T for fraud and misrepresentation. On June 23, 2010, an amended complaint was filed adding two additional consumers as plaintiffs and further details in the factual allegations.


Plaintiffs allege that Apple and AT&T deceptively promoted that consumers could both sign up for an unlimited data plan and have the ability to switch, month by month, between that unlimited data plan or one with a 250MB limit as their needs changed.

Factual Allegations in the Complaint
As of June 7, 2010, Apple and AT&T decided to discontinue the "unlimited data" plan they had heavily advertised in connection with their sales of the 3G-enabled iPads. Apple and AT&T had promised consumers flexibility with their data plans, allowing them the ability switch back and forth between the limited data plan, the unlimited data plan, and no data plan.

The complaint alleges that iPad purchasers who initially opted for the limited data plan have been stripped of their ability to later opt for the unlimited data plan. Even those customers currently signed up for the unlimited data plan cannot switch to a limited plan and then later opt for the unlimited plan, as was originally promised. Apple and AT&T announced this policy change with less than one week's notice to their customers and only about a month after Apple and AT&T began selling 3G-enabled iPads.

The complaint further alleges that consumers were convinced to opt for the more expensive 3G model, costing $130 more than a non-3G model, based on the advertised benefits of having an unlimited data plan and the freedom to continually switch in and out of that plan as their demand for data changed.


"The availability of an unlimited data plan was a key reason why consumers paid the extra $130 charge to access the 3-G network, and their ability to switch in and out of the unlimited data plan was also an important consideration in the decision to purchase an iPad," stated Lieff Cabraser attorney Michael W. Sobol. "The complaint alleges that Apple and AT&T should have known at the time they were promoting the availability of unlimited data plans, they were not going to keep that promise."
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Proposed Class
The proposed class plaintiffs seek to represent a nationwide class consisting of all individuals and entities within the United States who purchased or ordered an Apple iPad 3G on or before June 6, 2010.

Consumers who would like to report their experiences with the Apple iPad and their AT&T unlimited data plan, or who wish to learn more about the class action lawsuit, are welcome to contact an attorney at Lieff Cabraser by clicking here.