Margolis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FERN MARGOLIS, et al., Case No. 5:23-cv-03882-PCP

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

APPLE INC., Re: Dkt. No. 55 Defendant.

Plaintiffs bring this putative class action against Apple Inc. for allegedly misleading iPhone 7 users about the performance degradations that their devices would suffer as a result of downloading iOS 15 software. Apple moves to dismiss for failure to state a claim pursuant to Rule 12(b)(6). For the following reasons, the Court grants Apple’s motion to dismiss plaintiffs’ claims under the federal Computer Fraud and Abuse Act, California’s Unfair Competition Law, California’s False and Misleading Advertising Law, and Virginia’s Consumer Protection Act, as well as plaintiff Elizabeth Guidice’s claims under New York’s consumer protection statute. It denies the motion to dismiss plaintiffs’ remaining state consumer protection claims. BACKGROUND …