Wheaton

INTRODUCTION

18 In this putative class action, plaintiffs bring claims under Rhode Island and Michigan law 19 for selling, renting, transmitting, or disclosing a customer’s information without consent. 20 Defendant moves to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 21 22 This order GRANTS defendant’s motion to dismiss.

STATEMENT

23 Defendant Apple Inc. is a Delaware corporation with its principal place of business in 24 Cupertino, California. One of Apple’s services is selling and distributing digital music via 25 its iTunes Store mobile application. The iTunes Store application comes pre-installed on 26 customers’ iPhones. An Apple customer can purchase music from the iTunes store. The music 27 is then stored in their device’s Apple Music libraries. A customer’s personal listening 28 1 information, found in their Apple Music libraries, includes their full name and home address 2 along with genres and in some cases, the specific music titles they purchased (Compl. ¶¶ 3, 16). 3 Plaintiff Leigh Wheaton is a citizen and resident of Rhode Island. Plaintiffs Jill Paul 4 and Trevor Paul are citizens and residents of Michigan. Over the past…