A judge has held up claims in a class action lawsuit that Apple and AT&T committed fraud, false advertising and
other claims.When the iPad 3G was announced from AT&T and Apple "touted the availability of an unlimited 3G data plan and the option to switch in and out of the unlimited data plan," they withdrew the unlimited data plan option one month after Apple began selling the 3G-enabled iPad. Then they didn't allow users to change plans.
Class action members claim that, had they known they couldn't switch plans, they would never have bought the 3G version of the iPad, which cost $130 more than the Wi-Fi-only version.
The Judge Concluded:
"The court finds that the specific information that [AT&T] allegedly concealed - that it would almost immediately be canceling the unlimited plan and denying customers flexible access to such a plan, and that this was its intention all along - is sufficiently set forth in the (complaint)," Judge Whyte wrote.
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