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Suit alleging Apple deleted music off iPods may be dismissed

There's only one plaintiff left.


Selena Larson


Posted on Dec 5, 2014   Updated on May 30, 2021, 1:24 am CDT

A class-action lawsuit against Apple may soon be dismissed, as it hinges on one woman’s iPod that was purchased at the wrong time, the New York Times reports.

Apple deleted music off users’ iPods that wasn’t purchased from the company’s iTunes store between 2007 and 2009, which affected an estimated 8 million iPod owners. A lawsuit filed against the company claims Apple unfairly stifled competition, and the suit is claiming damages for iPods purchased between September 2006 and March 2009.

There’s just one problem—the attorneys in the case against Apple might not have a plaintiff to represent, meaning the case could be thrown out.

In a letter to the attorneys on Wednesday night, Apple said that the two plaintiffs’ iPods were purchased outside of the case’s time period based on the devices’ serial numbers, and on Friday, the lawyers suing Apple withdrew one of the plaintiffs after concluding her iPod was, in fact, purchased outside of the time period.

That just leaves one woman, Mariana Rosen, and Apple claims her iPod was bought in July 2009. Apple filed a motion with the court on Friday asking the case be dismissed entirely.

According to the New York Times, Rosen’s lead attorney told the judge presiding over the case that she has another iPod that was purchased in 2008, and she would respond to Apple’s letter on Saturday.

If the second plaintiff is withdrawn, there will be no one to represent in the $350 million case against Apple, meaning there could be no case at all.

H/T New York Times Photo by Ivailo Djilianov/Flickr

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*First Published: Dec 5, 2014, 4:59 pm CST