Apple Must Face Class Action Alleging Deception Over iOS Security Flaw

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Apple iOS Security Class Action Lawsuit Overview: 

• Who: Apple must face a class action lawsuit over an iOS security flaw.
• Why: Tigran Ohanian and Regge Lopez allege Apple hid the security flaw from consumers, which allowed FaceTime calls and iMessages to be sent to third parties despite Apple’s assertions of “stringent” security features.
• Where: The class action lawsuit is pending in New York federal court. 

Apple must face a class action lawsuit alleging that the company deceived consumers about a security flaw in its iOS system that allowed third parties to receive iMessages and FaceTime calls meant for other users.

While US District Judge Lorna G. Schofield allowed the lawsuit to go forward, she slimmed down plaintiffs Tigran Ohanian and Regge Lopez’s complaint, tossing their fraudulent misrepresentation and unjust enrichment claims over Apple’s alleged breach of privacy in regards to the undisclosed software flaw.

She ruled that their allegations of fraud could not move forward as they did not specify when and where Apple’s allegedly fraudulent statements were made, and the unjust enrichment claim was dismissed “because it is entirely duplicative of the other claims in the Complaint.”

However, Schofield allowed the pair’s NY General Business Law claims alleging Apple misled consumers into thinking its iPhones and software are more secure than they are. She cited specific statements made by Apple, including that “iOS keeps iPhone users’ information private” and that iOS protects users’ “sensitive information.”

“The Complaint sufficiently alleges that those statements are misleading because, drawing inferences in favor of the non-moving party, reasonable consumers would believe that a system designed to protect their information and keep it private would not route information intended for them to unknown third parties,” she wrote.

Apple iMessages Sent to Wrong Recipients, Claims Class Action

The pair filed the class action lawsuit after Ohanian started to receive iMessages and FaceTime calls meant for Lopez, as Lopez had been assigned a phone number previously used by Ohanian. Ohanian continued to receive the communications meant for Lopez despite disconnecting the number and removing the SIM card connected to the number from his iPhone because the iPhone’s software maintained a legacy connection to the number.

Schofield said in her ruling that Ohanian and Lopez had shown Apple failed to disclose the security flaw, which it had known about since as early as 2012 after being approached about it by an employee and the media outlet Ars Technica.

According to Law360, Ohanian said the situation had hurt his marriage, as he was unable to explain to his wife why he was receiving texts containing pictures of a child from another woman—which turned out to be Lopez’s child. Lopez added that he also suffered in the situation as he “can never get those pictures or memories back.”

The pair claimed they both suffered financially because the iOS software’s security flaw rendered the value of their phones and wireless service less than what they paid.

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The plaintiffs are represented by Christopher J. Rados, Aaron J. Solomon, and Terrence A. Oved of Oved & Oved LLP. 

The Apple iOS Security Flaw Class Action Lawsuit is Tigran Ohanian et al. v. Apple Inc. et al., Case No. 1:20-cv-05162, in the U.S. District Court for the Southern District of New York.

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