Apple on the Hook for Breaking Bad “Season Pass” Lawsuit
Apple had “better call Saul” — or someone like him. Saul is the solve-anything lawyer from Breaking Bad, the Emmy-winning TV drama that is also the subject of a stubborn class action suit from fans who say Apple engaged in false advertising when it sold a season of the show on iTunes.
Apple’s latest legal predicament comes as the result of a California judge’s refusal last week to throw out the lawsuit.
The lawsuit itself was filed last September on behalf of Breaking Bad fans who bought a “Season Pass” for what they believed to be the final season of the show. Instead, the fans received only 8 episodes of the show — and then learned they had to pay once more to receive the last eight episodes.
The source of the controversy appears to have stemmed from a decision on the part of the studio to split the last 16 episodes into “Season 5″ and the “Final Season” — a decision of which Apple appears to have been unaware of when it marketed an iTunes season pass that promised “every episode in that season.”
Apple quickly responded by emailing Breaking Bad fans with an apology for the “confusion” and a $22.99 iTunes credit, enough to purchase the remaining episodes in high definition.
The lawsuit, however, has trundled on all the same. In the latest ruling, U.S. District Judge Edward Davila agreed to throw out some of the claims, but ruled the plaintiffs could go forward with a false advertising claim based on California’s unfair competition law.
The upshot is that the case is now teed up to receive class action status from the judge and, if necessary, go to trial. It’s highly unlikely to get that far, however, as Apple and the class action lawyers will probably reach a quick settlement instead. (As for Saul, the character survived the meth-addled world of Breaking Bad and is the subject of a new show called, you guessed it, “Better Call Saul”)