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A proposed opt-out collective action seeking compensation for approximately 50 million UK consumers is to be brought against Apple in relation to Apple Pay, the digital wallet that enables iPhone users to make contactless payments.
Julian Gregory and Alastair Holder Ross of Monckton Chambers are instructed by Milberg London LLP to act for the proposed class representative, the financial campaigner and journalist James Daley.
The claim will argue that Apple has abused a dominant position by limiting access to the near field communication (NFC) chip in iPhones, making Apple Pay the only digital wallet available on iOS. It is said that banks and card issuers have been forced to accept Apple’s unfair terms to enable contactless payments via iPhone, including fees on every contactless and online transaction made using Apple Pay. The claim will allege that these costs are ultimately passed on to UK consumers who receive a range of financial products from the relevant banks and card issuers (including current account services), whether or not they themselves use Apple pay or own an iOS device.
Funding has been secured from the litigation funder Omni Bridgeway, and proceedings will be issued in the Competition Appeal Tribunal in the coming weeks.
Oxera Consulting are providing expert economic analysis, and Tom de la Mare KC of Blackstone Chambers is also instructed.
Media coverage includes articles by Consumer Voice, Litigation Finance Insider and Legal Funding Journal.