On Friday, October 23, 2020, a class-action lawsuit was filed against Apple, Inc., on behalf of Ohio residents, alleging that Apple "promotes, enables, and profits from games downloaded from its App Store. . . that constitute illegal gambling." Plaintiff Sean McCloskey filed the lawsuit in the U.S. District Court, Southern District of Ohio, seeking recovery of all money paid through in-app purchases in gambling games made through Apple's App Store, pursuant to Section 3763.02 of the Ohio Revised Code.
On Monday, May 13, 2019, the United States Supreme Court granted certiorari in Apple, Inc. v. Pepper, 587 U.S. __ (2019). Four iPhone users sued Apple, Inc., alleging that the company monopolized the app market, which resulted in higher-than-competitive prices for apps. Apple argued that the consumer-plaintiffs were barred from suing Apple since the consumer-plaintiffs were not "direct purchasers" from Apple, as defined in Illinois Brick Co. v. Illinois, 431 U.S. 720, 745-746 (1977). The District Court agreed with Apple, while the Ninth Circuit Court of Appeals reversed and concluded that the consumer-plaintiffs were direct purchasers because they purchased the apps directly from Apple.