Apple Class Action Says Customers’ iTunes Data Sold

A class action lawsuit claims that Apple sells iTunes purchasing data without consumer consent.

Recently, Apple has attempted to reassure its customers about privacy concerns after competitors such as Facebook and Google have faced legal action.

Apple has gone as far as placing a large billboard in Las Vegas assuring customers that “what happens on your iPhone, stays on your iPhone.”

Despite the large overtures by the tech giant, the recent class action lawsuit claims that Apple is guilty of selling consumer purchasing information.

The Apple class action lawsuit argues that the company sells full names, home addresses, music genres, and specific titles of purchased music from iTunes to numerous third parties.

“The various third-party recipients of this data then append to it a myriad of other categories of personal information pertaining to Apple’s customers – such as gender, age, household income, educational background, and marital status – only to then resell that Personal Listening Information (enhanced with various categories of demographic data) to other third parties on the open market,” the recent iTunes class action claims.

Apple allegedly rakes in significant profits from this “unauthorized sale” of consumer information. Agencies like the Federal Trade Commission (FTC) have repeatedly acknowledged that consumer information has monetary value that “most consumers cannot begin to comprehend.”

For example, the Apple class action lawsuit states that a third party could buy a list of names and addresses of college educated women, who purchased country music on iTunes and were over the age of 70, with an income of more than $80,000. Apparently, this specific list could sell for $136 per thousand customers listed.

Despite making a significant profit from sharing consumer information, Apple allegedly fails to get consumer permission to share their personal information.

Plaintiffs Leigh Wheaton, Jill Paul and Trevor Paul argue that most consumers would not have consented to having their personal information sold, as this information sharing is likely to result in annoying junk mail to their home addresses and emails.

The Apple iTunes class action lawsuit claims that the sale of consumer information without consent violates several state laws.

Wheaton says the issue violates Rhode Island’s Video Audio and Publication Rentals Privacy Act (RIVRPA). Jill and Trevor Paul argue that selling consumer information is a violation of Michigan’s Preservation of Personal Privacy Act (MIPPPA).

The plaintiffs seek to represent a Class of Rhode Island consumers who had their personal listening information disclosed to third parties by Apple without their consent.

In addition, the Apple iTunes class action lawsuit also seek to represent a Class of Michigan consumers who had their personal listening information disclosed to third parties by Apple between May 24, 2016 and July 30, 2016.

The iTunes privacy class action lawsuit seeks $250 for each Rhode Island Class Member, $5,000 for each Michigan Class Member, restitution, injunctive relief, interest, court costs, and attorneys’ fees.

The plaintiffs are represented by Frank S. Hedin and David W. Hall of Hedin Hall LLP; Tina Wolfson and Robert Ahdoot of Ahdoot & Wolfson PC; L. Timothy Fisher, Joseph I. Marchese, and Philip L. Fraietta of Bursor & Fisher PA.

The iTunes Privacy Class Action Lawsuit is Wheaton, et al. v. Apple Inc., Case No. 5:19-cv-02883, in the U.S. District Court for the Northern District of California.

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