Consumer alleges Apple violates user data by unlawfully recording data, app activity

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Apple privacy lawsuit overview: 

• Who: A man with an Apple mobile device is suing the tech giant.
• Why: The plaintiff says the company continues recording the data of its mobile users, even after the users have indicated they do not want their data to be accessed.
• Where: The Apple privacy lawsuit was filed in a Pennsylvania federal court.

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

Plaintiff David Sgro filed the class action lawsuit against Apple Inc. on Jan. 27 in a Pennsylvania federal court, alleging violations of wiretapping, privacy and consumer fraud laws. 

According to the lawsuit, Apple unlawfully records and uses consumers’ personal information and activity on its consumer mobile devices and applications, even after consumers explicitly indicate through Apple’s mobile device settings that they do not want their data and information shared. 

“This activity amounts to an enormous wealth of data that Apple collects and uses for its financial gain,” the lawsuit alleges.

Apple monetizes user data even after being told not to, lawsuit alleges

According to the lawsuit, Apple gives consumers multiple options for protecting their data and ways to make sure their data is not shared with third parties. 

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

A recent test performed by two independent app developers at the software company Mysk revealed that even when consumers actively change their “privacy settings” and follow Apple’s instructions to protect their privacy, Apple still records, tracks, collects and monetizes consumers’ analytics data, including browsing history and activity information, the lawsuit alleges.

These experts and their testing further showed Apple continues to access consumers’ app usage, app browsing communications and personal information in its proprietary apps, including the App Store and Apple Music, even when consumers have affirmatively turned off “Allow Apps to Request to Track” and/or “Share Device Analytics” in their privacy controls.

This information was recently reported in a Gizmodo news article, the lawsuit says.

The plaintiff seeks to represent anyone in Pennsylvania who had their information tracked by Apple after turning off permissions to collect their mobile app activity. 

He is suing for violations of state wiretapping, business and privacy laws and seeks certification of the class action, damages, fees, costs and a jury trial.

This is not the first lawsuit of its kind. 

Earlier this month, Apple was hit with another class action lawsuit alleging it records the personal information and activity of consumers using its mobile devices and applications after they have indicated they do not want their data and information shared.

What do you think of the allegations against Apple in this case? Let us know in the comments. 

The plaintiff is represented by Boni, Zack & Snyder LLC and Bursor & Fisher P.A.

The Apple class action lawsuit is David Sgro, et al. v. Apple Inc., Case No. 2:23-cv-00350, in the U.S. District Court for the Eastern District of Pennsylvania.

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