A federal judge has ruled that Apple Inc. is shielded from the class action lawsuit where a fake crypto wallet app was downloaded from the Apple Appstore. cryptocurrency $XRP
Diep claimed to have sustained more than $5,000 in damages as a result of Apple hosting the fraudulent crypto wallet app. Her co-plaintiff Ryumei Nagao claims that he lost $500,000.
Judge Hamilton agreed with Apple that the tech company cannot be held liable for the fake app. Apple is immune under Section 230 of the Communications Decency Act because it is considered a publisher of the content provided by another content provider, not a creator, according to Hamilton’s Sept. 2 ruling.
The judge also agreed with Apple that Diep did not successfully plead claims under both California’s and Maryland’s Consumer Privacy Acts because she did not allege specific details of the time, place, and content of the alleged false representations. Moreover, Diep’s claims must be dismissed because under Apple’s terms and conditions, the company is not liable for damages arising out of or related to the use of third-party apps, the ruling details.
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