---
title: "Breaking Bad Class Action: Is Apple Really Breaking Promises?"
date: 2013-09-13T13:49:11-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/breaking-bad-class-action-is-apple-really-breaking-promises"
section: Blog Posts
---
# Breaking Bad Class Action: Is Apple Really Breaking Promises?

 September 13, 2013

 

 

 

 

 

 

The onslaught of consumer class actions against advertisers continues with Apple’s marketing of certain ​“Season Passes” on iTunes being challenged. Noam Lazebnik, an Ohio physician, filed a [complaint ](http://www.scribd.com/fullscreen/166297616?access_key=key-2o0cohxawcieqgf9knl7&allow_share=true&view_mode=scroll)on behalf of consumers who purchased an iTunes Season Pass last year for Season 5 of the AMC series, Breaking Bad. According to the plaintiff, Apple marketed the Season Pass as ​“includ\[ing\] all current and future episodes of Breaking Bad Season 5.” However, AMC, in what seems like an unusual move, has considered Breaking Bad Season 5 a two-year affair. Eight episodes aired last year, and eight more are airing now. According to the plaintiff, for this year’s episodes, Apple is charging consumers for a new Season Pass. The plaintiff alleges that Apple is engaging in ​“deceptive and unfair sales practices,” and he is seeking full refunds for consumers.

Apple is yet to provide its side of the story, and a judge even certifying a class is certainly not guaranteed. The complaint and the plaintiff’s allegations, nevertheless, serve as a reminder that in drafting marketing and advertising language, context is king and can occasionally trip up boilerplate terms.

 

 **Tags:** [Advertising](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/advertising)

 

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