Apple Sued for Blocking Tap-to-Pay Competitors on iPhone

A proposed class action lawsuit filed against Apple today accuses the company of violating U.S. antitrust law by ensuring that Apple Pay is the only available mobile wallet for making tap-to-pay payments with an iPhone, iPad, or Apple Watch.

Apple Pay Feature
The complaint, filed by law firms Hagens Berman and Sperling & Slater, alleges that Apple is illegally profiting at least $1 billion annually by blocking rivals from accessing NFC technology on its devices, thereby preventing competing services like Google Pay or Samsung Pay from offering tap-to-pay payment functionality on Apple devices.

For every Apple Pay transaction completed with a U.S. issuer's payment card, the issuer must pay Apple a fee of 0.15% for credit cards and half a cent for debit cards, the complaint alleges. By comparison, Google allows multiple mobile wallets on Android smartphones and does not collect a fee from U.S. card issuers for tap-to-pay payments.

"When you compare the functionality of Apple Pay to mobile wallets available on Android devices – Google Pay, Samsung Pay – you're essentially holding up a mirror; they are essentially identical," said Steve Berman, Hagens Berman co-founder and managing partner. "And yet, the same service on Android that card issuers pay absolutely nothing for costs them a collective $1 billion annually through Apple Pay."

Apple would not be able to sustain its "substantial fees" for Apple Pay transactions if the service faced competition on Apple devices, the complaint argues.

Filed in U.S. district court in Northern California, the complaint specifically accuses Apple of multiple violations of the federal Sherman Act by "tying" Apple Pay to its mobile devices and monopolizing the "tap and pay iOS mobile wallet market."

The complaint seeks monetary relief for all U.S. card issuers that paid Apple a fee for any Apple Pay transaction made with any of its payment cards.

Hagens Berman said this is the third time it has sued Apple for antitrust violations. In 2015, the law firm secured a combined $560 million settlement against Apple and publishing companies regarding price fixing of e-books, and earlier this year it secured a $100 million settlement from Apple on behalf of iOS developers who alleged that Apple's then-standard 30% commission on App Store purchases was excessive.

Apple Pay has faced similar scrutiny in other regions, including Australia and Europe. In May, the European Commission informed Apple of its preliminary view that it abused its dominant position in the "mobile wallets on iOS devices" market by limiting access to NFC technology on Apple devices for contactless payments in stores.

The full complaint is available in PDF format on the Hagens Berman website.

Related Roundup: Apple Pay

Popular Stories

iPhone 17 Slim Feature

'iPhone 17 Air' With 'Major' Design Changes and 19-Inch MacBook Detailed in New Report

Sunday December 15, 2024 9:47 am PST by
Apple is planning a series of "major design" and "format changes" for iPhones over the next few years, according to The Wall Street Journal's Aaron Tilley and Yang Jie. The paywalled report published today corroborated the widely-rumored "iPhone 17 Air" with an "ultrathin" design that is thinner than current iPhone models. The report did not mention a specific measurement, but previous...
Generic iOS 18

Apple Releases First Betas of iOS 18.3 and iPadOS 18.3

Monday December 16, 2024 10:06 am PST by
Apple today seeded the first betas of upcoming iOS 18.3 and iPadOS 18.3 updates to developers for testing purposes, with the software coming a week after Apple released iOS 18.2 and iPadOS 18.2. iOS 18.3 and iPadOS 18.3 can be downloaded from the Settings app on a compatible device by going to General > Software update. There's no word yet on what's included in iOS 18.3 and iPadOS 18.3, ...
apple tv 4k yellow bg feature

New Apple TV Rumored to Launch Next Year With These Features

Tuesday December 17, 2024 9:02 am PST by
The current Apple TV 4K was released more than two years ago, so the streaming device is becoming due for a hardware upgrade soon. Fortunately, it was recently rumored that a new Apple TV will launch at some point next year. Below, we recap rumors about the next-generation Apple TV. Bloomberg's Mark Gurman last week reported that Apple has been working on its own combined Wi-Fi and...
Magic Mouse Next to Keyboard

Apple 'Working' on Redesigned Magic Mouse With a Long-Awaited 'Fix'

Sunday December 15, 2024 8:43 am PST by
Apple is working on a redesigned Magic Mouse that will address some "longstanding complaints," according to Bloomberg's Mark Gurman. In his Power On newsletter today, Gurman said Apple in recent months has been working on a "full overhaul" of the Magic Mouse with a design that "better fits the modern era." However, he does not expect the new Magic Mouse to be released in the "next 12 to 18...
AirTag 2 Mock Feature

AirTag 2 Expected to Launch Next Year With 'Considerable' Upgrade to Item Tracking

Sunday December 15, 2024 2:57 pm PST by
Apple plans to release a second-generation AirTag next year with "considerably" longer range for item tracking, according to Bloomberg's Mark Gurman. In his Power On newsletter today, Gurman said the new AirTag will use Apple's second-generation Ultra Wideband chip, or equivalent technology. The chip debuted last year in the iPhone 15 and the Apple Watch Ultra 2, and Apple said it offers up...
Apple TV 4K hero 221018 feature

Here is Everything New for the Apple TV in the tvOS 18.3 Update So Far

Tuesday December 17, 2024 6:25 am PST by
Apple on Monday seeded the first tvOS 18.3 beta to developers for testing. The update will likely be released in January. So far, there are only minor changes for the Apple TV, with one new feature and a few code changes discovered. Below, we outline what is new in tvOS 18.3 so far. Robot Vacuum Support in Home App First, tvOS 18.3 will add robot vacuum support to the Home app on the...

Top Rated Comments

ProfessionalFan Avatar
32 months ago
Are you able to use Apple Pay on competitor phones?
Score: 50 Votes (Like | Disagree)
Apple_Robert Avatar
32 months ago

Are you able to use Apple Pay on competitor phones?
Not that I am aware of. I think Apple has every right to only allow Apple Pay on their devices.
Score: 38 Votes (Like | Disagree)
GermanSuplex Avatar
32 months ago
So are the rules going to be no more exclusive features anymore? I admit, the laws surrounding these types of interoperability rules and standards are way out of my league, and I understand some things need to be more "open" and work with each other. But damn, it seems like everyone wants a piece of the Apple pie. It's hard to tell what is a frivolous cash grab and what has merit.
Score: 32 Votes (Like | Disagree)
icanhazmac Avatar
32 months ago

By comparison, Google allows multiple mobile wallets on Android smartphones and does not collect a fee from U.S. card issuers for tap-to-pay payments.
Because they are hoovering and selling your purchase history.
Score: 29 Votes (Like | Disagree)
NufSaid Avatar
32 months ago
You make an amazing product but are forced to allow your competitors to profit. Ugh....lawyers.

You have a choice - buy an android phone - more people do.
Score: 25 Votes (Like | Disagree)
cupcakes2000 Avatar
32 months ago

That's not even a close analogy to what this is about.

Other payment apps are being prevented from accessing the NFC chip to make tap-to-pay payments. Instead, in the case of PayPal, you have to open the PayPal app then have it generate a QR code that you scan. Not as easy and convenient as Apple Pay when you just have to hold your iPhone next to payment terminal.

Let's replaced access to NFC chip with access to the iPhone's camera. What if Apple blocked other apps (Instagram, your banking app that allows for mobile check deposits, etc) from accessing the camera? Would you be okay with that?
I frankly don’t care. I buy a product becuase of what it does. If it doesn’t do what I want it to do I buy something else. I certainly don’t sue a company to try to ensure I get what I want like a self entitled AH. It’s not like other options don’t exist. Don’t try to shoehorn an argument into a situation so it fits a narrative. The simple fact is that if an iPhone and by extension Apple, doesn’t offer what you want, then buy somewhere else.
Score: 21 Votes (Like | Disagree)