Apple Lawsuit Filed Over FaceTime Eavesdropping Bug

An attorney alleges in an Apple lawsuit that the FaceTime bug that allows individuals to surreptitiously access other iPhones allowed a private deposition to be overheard.

According to the Apple FaceTime lawsuit, filed Monday in Harris County, Texas, the Houston-based attorney was conducting a deposition with his client while his iPhone allowed others to eavesdrop on the conversation due to the FaceTime bug.

“Essentially the product converts a person’s personal iPhone into a microphone that can be answered by an unknown third party to listen and record one’s most intimate conversation without consent,” the Apple FaceTime bug lawsuit states.

The plaintiff claims that the most recent update, the iOS 12.1, to Apple’s FaceTime program on his iPhone included a software bug that allowed third parties to record a private deposition with one of his clients.

The attorney says that he did not discover the FaceTime bug until Jan. 27, 2019.

“Under the update or most current version, an unknown third part is allowed to eavesdrop on a parties phone without answering,” alleges the Apple FaceTime lawsuit.

Apple released a glitzy ad campaign announcing an update to the popular FaceTime app that allows users to video chat each other. According to advertisements, users would be able to FaceTime multiple people at the same time.

However, an iPhone bug in the updated FaceTime group chat feature was reportedly discovered by a teenaged Snapchat user who posted the steps to secretly record group chats. The bug was reportedly confirmed by 9to5Mac and Apple pulled the update, according to Wired.

CNN Business reports that, before Apple pulled the plug on the group FaceTime servers, a number of others were able to recreate the bug.

The iPhone FaceTime bug reportedly affects iPhones and iPads using iOS 12.1, as well as Apple PCs operating on Mojave.

CNN Business further notes in its report that when users attempt to contact others using the group feature on FaceTime, others who do not pick up the call can still hear the conversation.

In some cases, users can still see video, even though they have appeared to have left the call.

The Apple lawsuit filed by the attorney from Houston accuses the company of releasing a defective product to an unsuspecting public.

The plaintiff alleges that he and others have suffered irreparable harm from the FaceTime bug and Apple’s failure to adequately test its software.

The plaintiff accuses Apple of negligence, strict products liability, breach of warranty, fraud, and unjust enrichment. The Apple lawsuit is seeking punitive and exemplary damages.

“Defendants failed to do what a reasonable prudent software and technology company would have done under the same or similar circumstances,” alleges the Apple FaceTime bug lawsuit.

This Apple lawsuit comes at a time when technology companies are facing increasing pressure to protect their users’ privacy.

In fact, the CEO of Apple, Tim Cook posted a tweet touting the importance of “Data Privacy Day,” calling all to “insist on action and reform for vital privacy protections.”

“The dangers are real and the consequences are too important,” continued the social media statement.

The plaintiff is represented by James Mattox III of The Mattox Law Firm PLLC.

The Apple iPhone FaceTime Bug Lawsuit is Williams v. Apple INC., et al., Case No. 2019-06645, in the District Court for Harris County, Texas.