Williams v. Apple, Inc.

I. BACKGROUND

1 A. Factual Background 2 Apple is a corporation incorporated under the laws of California and has its principal place 3 of business in Cupertino, California. FAC ¶ 8, ECF No. 38. Apple provides cloud storage services 4 to Apple device users through iCloud, Apple’s cloud service. See id. ¶¶ 2, 13–17. iCloud allows 5 subscribers to “utilize certain Internet services, including storing your personal content (such as 6 contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making 7 it accessible on your compatible devices and computers, and certain location based services.” FAC 8 ¶ 53. 9 According to Plaintiffs, “[o]wners of Apple devices are granted up to 5 GB of iCloud 10 storage for free. If an Apple device user wishes to store more than 5 GB of data on the cloud 11 through iCloud, then that user must subscribe to iCloud’s paid service.” FAC ¶ 26. Plaintiffs allege 12 that “[i]n order to subscribe to iCloud, a user must agree to the iCloud Terms of Service 13 Agreement.” Id. ¶ 28. The relevant portion of the iCloud Terms of Service Agreement (“iCloud 14 Agreement”) provides the following: 15 Apple is the provider of the Service,…