IN RE APPLE IN-APP PURCHASE LITIGATION
855 F.Supp.2d 1030 (2012)
In re APPLE IN-APP PURCHASE LITIGATION.
This Document Relates To: All Actions.
Case No. 5:11-CV-1758 EJD.
United States District Court, N.D. California, San Jose Division.
March 31, 2012.
Patrick Howard, Simon Bahne Paris, Saltz Mongeluzzi Barrett & Bendesky, Roberta D. Liebenberg, Fine Kaplan and Black, RPC, Jonathan Shub, Philadelphia, PA, Anthony David Phillips, Berman Devalerio, San Francisco, CA, Benjamin Gordon Edelman, Attorney of the Law, Cambridge, MA, Christopher T. Heffelfinger, Berman Devalerio, Palm Beach Gardens, FL, Joshua D. Snyder, Michael J. Boni, Boni & Zack LLC, Bala Cynwyd, PA, for Plaintiff.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
EDWARD J. DAVILA, District Judge.I. INTRODUCTION
Presently before the court is Defendant Apple Inc.'s ("Apple") motion to dismiss Plaintiffs' Consolidated Class Action Complaint ("Complaint") pursuant to Rule 12(b)(6). See Docket Item No. 37.
Apple, a Delaware corporation with its headquarters and principal place of business in California, is a leading seller of software applications ("apps") that users can download onto their mobile computing devices. See Complaint, Docket Item No. 28, at ¶¶ 1, 14-18, 42. Plaintiffs bring the instant class action on behalf of themselves and other similarly situated parents or guardians who (a) downloaded or permitted their minor children to download a supposedly free app from Apple and (b) then incurred charges for game-related purchases made by their minor children, without the parents' and guardians' knowledge or permission. Id. at ¶ 2.II. FACTUAL AND PROCEDURAL BACKGROUND
On April 11, 2011, Plaintiff Garen Meguerian filed a complaint, individually and on behalf of others similarly situated, alleging that Plaintiffs' minor children were able to purchase "game currencies" without their parents' knowledge or authorization while playing game applications ("apps"), provided by Apple and advertised as free. See Docket Item No. 1. An "app" is a software application that a customer can download from Apple's App Store onto a mobile computing device. "Game currencies" are virtual objects, such as supplies, that are used in connection with gameplay in certain apps. Id. at ¶ 1-2.