California App Store Removal Demand Letter

[Your Name / Company Name] [Your Address] [City, CA ZIP] [Your Email] [Date] Apple Inc. Attn: Legal Department One Apple Park Way Cupertino, CA 95014 Via Email: appstorenotices@apple.com Via Certified Mail, Return Receipt Requested Re: Demand for App Reinstatement and Damages App Name: [Your App Name] App ID: [Your App ID] Developer Account: [Your Developer Account Email] Removal Date: [Date of Removal] Dear Legal Department: I am California-licensed counsel representing [Developer Name/Company] regarding the wrongful removal of [App Name] from the Apple App Store on [Date]. This removal has caused substantial financial harm to my client and appears to violate California Business & Professions Code Section 17200 (Unfair Competition Law), the implied covenant of good faith and fair dealing under the Developer Program License Agreement, and applicable antitrust principles. BACKGROUND [Developer Name] has been a member of the Apple Developer Program since [Year], maintaining an account in good standing with [X] apps published. [App Name] was first approved on [Date] and has been continuously available, generating approximately $[Amount] in annual revenue with [X] active subscribers. On [Date], without prior warning, Apple removed [App Name] citing alleged violations of App Store Review Guideline [X.X]. This removal occurred despite: 1. The app having passed review [X] times over [X] years; 2. No material changes to the flagged functionality since last approval; 3. Numerous competitor apps containing identical features remaining available; 4. [If applicable] Apple's own [competing app/service] offering the same functionality. INCONSISTENT ENFORCEMENT Apple's removal of [App Name] while permitting substantially similar apps to remain listed constitutes arbitrary and discriminatory enforcement. Specifically: • [Competitor App 1] - Available since [Date], offers [identical feature], currently listed • [Competitor App 2] - [Description of similar functionality] • [Apple's Own App] - [If applicable, description of Apple service with same features] Screenshots documenting these apps' availability as of [Date] are enclosed. LEGAL ANALYSIS California Unfair Competition Law (B&P Code Section 17200) Apple's conduct constitutes an "unfair" business practice under the UCL. The California Supreme Court in Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. established that conduct is "unfair" when it threatens an incipient violation of antitrust law, violates the spirit of antitrust law, or is otherwise significantly harmful to competition. Apple's selective enforcement of App Store Guidelines against [Developer Name] while permitting competitors to operate under identical conditions: 1. Harms competition by eliminating a market participant without legitimate justification; 2. Harms consumers by reducing choice and innovation in the [app category] market; 3. Violates the policy underlying antitrust law by using market power arbitrarily. Breach of Implied Covenant of Good Faith and Fair Dealing The Developer Program License Agreement grants Apple discretion in app review decisions. However, California law imposes an implied covenant of good faith that prohibits Apple from exercising that discretion arbitrarily, pretextually, or in bad faith. Apple's removal of [App Name] after years of approval, without material change to the app, while competitors remain listed, suggests the removal was pretextual. [If applicable: The timing of this removal shortly after [competitive event, media coverage, or Apple service launch] raises additional concerns about Apple's motivations.] Damages As a direct result of Apple's wrongful removal, my client has suffered: • Lost subscription revenue: $[Amount] monthly x [X] months = $[Total] • Lost new user acquisition: Estimated $[Amount] based on historical growth • Wasted marketing expenditure: $[Amount] • Development costs for compliant modifications: $[Amount] • Reputational harm: [Description] Total documented damages exceed $[Amount], with ongoing losses of approximately $[Amount] per day. DEMAND On behalf of [Developer Name], I demand that Apple: 1. Immediately reinstate [App Name] to the App Store in all previously available territories; 2. Provide a detailed written explanation of the specific conduct allegedly violating Guideline [X.X] and why this conduct was previously approved; 3. Compensate my client for documented losses in the amount of $[Amount]; 4. Confirm that [Developer Name]'s developer account remains in good standing with no adverse notations; 5. Implement procedures to ensure consistent guideline enforcement across similarly situated developers. DEADLINE If I do not receive confirmation of reinstatement and a substantive response within fourteen (14) calendar days of this letter, my client is prepared to: • File a complaint under California Business & Professions Code Section 17200 in California Superior Court, [County] County; • Report Apple's conduct to the California Attorney General's Office, Antitrust Section; • File a complaint with the Federal Trade Commission; • Pursue arbitration under the Developer Program License Agreement, if required; • Seek injunctive relief, restitution, and all available damages including attorney fees. DOCUMENT PRESERVATION This letter constitutes formal notice to preserve all documents and communications related to: • [App Name] and [Developer Name]'s developer account; • The review and removal decision, including reviewer notes and communications; • Guideline [X.X] enforcement against other developers; • Any internal communications regarding [App Name], [Developer Name], or [app category] apps. Destruction or alteration of relevant evidence may result in adverse inference and sanctions. I am available to discuss resolution of this matter. Please direct all communications to [Your Email] and the address above. Sincerely, [Your Signature] [Your Printed Name] [State Bar Number] Enclosures: - App removal notice and correspondence - App Store review history - Screenshots of competitor apps with similar features - Revenue and subscriber documentation - Timeline of events