Apple Inc. is exempt from the “Toast Plus” class action lawsuit since a phony cryptocurrency wallet program was offered in the Apple App Store, according to a federal judge in California. After downloading the phony program and losing some cryptocurrency, a client sued the tech giant.
Customer downloaded a fake cryptocurrency app, but Apple is not responsible for the loss.
U.S. District Court Judge Phyllis J. Hamilton According to a ruling made by the Northern District of California District Court, Apple Inc. is not responsible for a phony bitcoin wallet program that was made available for download on the company’s app store, according to a Tuesday report from Bloomberg.
Crypto investor and plaintiff Hadona Diep charged Apple with hosting a fake mobile software that imitates Toast Plus, a reliable XRP wallet program. The name and branding of the phony app were the same as those of the real one. In September of last year, she filed a class action complaint in federal court in Maryland against the tech giant; in December, the case was moved to the Northern District of California.
According to the lawsuit, the plaintiff downloaded the phony application from the Apple App Store in January 2018 and used it to start a transfer of about 474 XRP tokens from the cryptocurrency exchange Bittrex to a Rippex wallet.
However, the complainant was still able to access her funds from other wallets after Rippex went down in February 2018. When the plaintiff checked her Toast Plus account in August 2021, she found that her account had been canceled in March 2021 and her deposited XRP coins were nowhere to be found. The plaintiff subsequently “connected her private XRP key, or a seed phrase, into Toast Plus in March of 2021.”
Diep alleged that the fact that Apple hosted the fake cryptocurrency wallet software resulted in losses of more than $5,000. Ryumei Nagao, another plaintiff with her, alleges that he lost $500,000.
Apple and Judge Hamilton both agreed that the tech corporation is not responsible for the bogus app. According to Hamilton’s opinion on September 2, Apple is exempt from liability under Section 230 of the Communications Decency Act because it is regarded as a publisher of the content offered by another content provider rather than a creator.
The judge also agreed with Apple that Diep failed to adequately allege claims under the Consumer Privacy Acts of both Maryland and California because she lacked specifics regarding the occasion, setting, and nature of the claimed fraudulent representations.
Additionally, the court’s decision states that Diep’s claims must be rejected because, in accordance with Apple’s terms and conditions, the firm is not responsible for losses resulting from or connected with the usage of third-party apps.