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Lisa Bodenburg sued Apple, claiming she should have received a total of 205 GB of iCloud storage: 200 GB from the upgraded plan, plus the original 5 GB free tier.
Lisa Bodenburg sued Apple, claiming she should have received a total of 205 GB of iCloud storage: 200 GB from the upgraded plan, plus the original 5 GB free tier. Lisa argues that Apple should have given her the 5 GB of free storage that every user receives without a paid plan, along with the 200 GB of paid storage. However, the court disagreed, and she lost the case.
A Ninth Circuit panel dismissed the appeal on July 23, 2025, upholding a previous ruling that there was no breach of contract and that Apple’s communication about its paid plans contained no shortcomings or misleading language.
Lisa claimed that she believed Apple’s use of terms like “more storage” meant that her 5 GB of free storage would remain intact, with the 200 GB added on top. She further argued that Apple’s marketing gives the impression of a total, not a replacement.
But her arguments failed to convince the panel. The judges pointed to Apple’s support pages and service agreement, which clearly state that users move from a 5 GB to a larger single-tier plan.
Apple, as stated on its support pages and service agreement, clearly mentions that when users upgrade, their new plan replaces the free tier; they don’t retain both.
The court, in its ruling, said that the language used by Apple, such as “change your storage plan,” clearly indicates a replacement system. That undercuts claims that Apple misled customers.
Bodenburg’s case hinged on the assumption that free storage should remain alongside the upgrade; however, nothing in Apple’s documentation promises this. Thus, the court didn’t see grounds to proceed with a class action.
This dismissal leaves the iCloud+ subscription documentation untouched. It also signals that small-scale disputes over digital storage aren’t likely to make much headway in court, especially when product language is as clear as Apple’s appears to be.
Should Apple include the free 5 GB on top of paid plans, or is the current model fair? Drop your thoughts in the comments below.