iCloud lawsuit fails. Image source: Apple
A woman took Apple to court for giving her 200 GB of iCloud storage instead of the 205 GB she expected — and lost.
A Ninth Circuit panel has rejected an appeal claiming Apple misled iCloud users. The plaintiff expected 205 GB total but received only 200 GB, as the free 5 GB tier was not added to the paid 200 GB plan.
The court said plaintiff Lisa Bodenburg didn’t allege a valid breach of contract. She also didn’t show that a reasonable consumer would be deceived by Apple’s iCloud storage representations.
The ruling, filed July 23, 2025, leaves the dismissal of her proposed class action in place. Bodenburg argued that when she bought a 200 GB iCloud plan, Apple should have stacked it on top of the 5 GB of free storage every user gets on signup.
Apple treats paid storage as a replacement allocation, not an add-on. The panel found no misleading language that would support her interpretation.
The claim and Apple’s position
The complaint centered on the difference between “more” storage and “additional” storage. Bodenburg read Apple’s marketing to mean she would retain the 5 GB free tier and gain 200 GB more.
Apple’s documentation states that users begin with 5 GB of free storage and can upgrade to iCloud+ for larger single allocations. That implies a swap rather than a sum.
The panel concluded that Apple’s description of an upgrade reasonably signals a move from one storage level to another. Because the service agreement and support materials show users choose a new plan size, the judges saw no actionable misrepresentation.
Understanding iCloud storage tiers
Apple gives every iCloud account 5 GB of free storage for backups, photos, and sync data. Users who outgrow that space can upgrade to iCloud+. Apple iCloud+ offers paid tiers starting at 50 GB and scaling through 200 GB, 2 TB, 6 TB, and 12 TB.
Added privacy features such as Private Relay and Hide My Email are tied to the subscription. When you upgrade, your account reflects the new plan size.
Apple’s support pages tell users to “upgrade to iCloud+” or “change storage plan.” That wording suggests the new plan replaces the free 5 GB, not adds to it.
Consumer tech class actions often depend on whether marketing would mislead a typical user. The court found Apple’s upgrade language, supported by documentation, clear enough, even if some users expected more.
That makes it unlikely that minor storage disputes like this will succeed on appeal. The ruling supports Apple’s iCloud+ model as legally sound within the Ninth Circuit.
