Class action alleges Apple records users’ private data, activity

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Apple data class action lawsuit overview: 

• Who: John Farley filed a class action lawsuit against Apple Inc. 
• Why: Farley claims Apple continues to record the personal information and activity of its mobile device and application users who have chosen to disable the company’s ability to do so.
• Where: The class action lawsuit was filed in New York federal court. 

Apple records the personal information and activity of consumers using its mobile devices and applications after they have indicated they don’t want their data and information shared, a new class action alleges. 

Plaintiff John Farley claims Apple is committing a “flagrant violation of consumer privacy” and uses the “enormous wealth” of personal information and activity it allegedly collects for its own financial gain. 

Farley argues consumers are becoming increasingly concerned that their personal information is “being used without their knowledge or permission.” 

“Consumers care about keeping their data private and are demanding more control over their data,” the Apple class action states. 

Farley wants to represent a class of New York consumers who had their information tracked or used by Apple after they elected settings that “purported to stop Apple from collecting mobile app activity.” 

Apple falsely touts consumers’ ability to control information they share, class action claims

Apple has “sought to position itself as a leader” amid consumer privacy concerns by “touting how its mobile devices allow users to control the information they share,” the Apple class action alleges. 

“Yet, Apple does not honor users’ requests to restrict data sharing,” the Apple class action states. 

Farley claims Apple is guilty of unjust enrichment and breach of implied contract, and is in violation of New York General Business Law and the New York Deceptive and Unfair Trade Practices Act. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, nominal, statutory, and punitive damages for himself and all class members. 

A similar class action lawsuit was filed against Apple earlier this month by a consumer arguing the company records and shares the personal information of users who have changed privacy settings to prevent data tracking and sharing. 

Have you had your data tracked or collected by Apple after choosing to disable the setting? Let us know in the comments. 

The plaintiff is represented by Raphael Janove and Adam Pollock of Pollock Cohen LLP, Tina Wolfson and Andrew Ferich of Ahdoot & Wolfson PC, and Jonathan Shub and Benjamin F. Johns of Shub Law Firm LLC. 

The Apple data class action lawsuit is Farley, et al. v. Apple Inc., Case No. 2:23-cv-00254, in the U.S. District Court for the Eastern District of New York. 

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