Doesn't every TOS include that clause about the customer automatically accepting any change the company makes to the TOS at any time and without notification?

German banks just fell on their face with this one. They tried to implement fee increases this way (often turning free into paid accounts), but the courts nixed this.

Unfortunately not fast enough, so some banks got away with the first year or two worth of loot due to statutes of limitations, but it's now clear that companies can't just change material parts of the ToS without explicit, active consent (it's not enough to notify customers and consider it agreement if they don't do anything).

Yes, see Douglas v. Talk America.

Thanks for the link.

... but I'm not sure that would apply here, especially if Apple has a pop-up that the user dismissed a long time ago.

It’s unclear what the legal limits are, but I’ve seen some sites do a bold print summary of the changes. Certainly if one wants to be sure their TOS change is enforceable they’ll make sure a judge and jury will agree the changes were prominently advertised.

That’s what I don’t understand about that paragraph.