Update:
- A California federal judge partially granted Apple’s motion to dismiss a class action lawsuit arguing the company failed to safeguard its AirTag tracking device from being used by stalkers.
- U.S. District Judge Vince Chhabria tossed product liability claims brought by consumers outside of California, ruling state law recognizes the place of the wrong has the predominant interest in having its laws apply.
- Judge Chhabria declined to dismiss out-of-state negligence claims but noted they could also be tossed if Apple is able to precisely detail the differences between each state’s and California’s laws and explain why they are material.
- The Apple AirTag class action lawsuit argues Apple ignored pushback from advocates and technologists who warned its AirTag devices would inevitably be used to stalk.
Apple AirTag stalking class action lawsuit overview:
- Who: Lauren Hughes and Jane Doe filed a class action lawsuit against Apple Inc.
- Why: Hughes and Doe claim Apple ignored advocates by releasing AirTag devices to the public that they argue have been used by stalkers and abusers to track victims.
- Where: The class action lawsuit was filed in California federal court.
(Dec. 8, 2022)
Apple puts the safety of consumers at risk with its AirTag tracking device, which has become the “weapon of choice” for abusers and stalkers, a new class action lawsuit alleges.
Plaintiffs Lauren Hughes and Jane Doe claim Apple ignored pushback from advocates and technologists who urged it to rethink releasing its AirTag product and consider its “inevitable use in stalking.”
Apple, instead of listening to advocates, “heedlessly forged ahead, dismissing concerns and pointing to mitigation features that it claimed rendered the devices ‘stalker proof,’” the Apple class action states.
The concerns turned out to be “well founded,” according to Hughes and Doe, who claim there were immediate reports of stalkers using the devices to track the whereabouts of their victims after the AirTag’s release.
“The consequences have been as severe as possible: at least two reported murders have occurred in which the murderer used an AirTag to track the victim,” the Apple class action states.
Apple class action alleges AirTag devices allow tracking without consent
Hughes and Doe want to represent classes of iOS and Android device owners, along with multistate and NewYork subclasses of consumers, who were tracked with an Apple AirTag without consent.
They accuse Apple of unjust enrichment, negligence, negligence per se, intrusion upon seclusion and violations of New York General Business Law and California’s Constitutional Right to Privacy, among other things.
Hughes and Doe demand a jury trial and request injunctive and declaratory relief along with an award of actual, nominal, statutory and/or punitive damages for themselves and all class members.
In other Apple privacy news, a consumer filed a separate class action lawsuit was filed against Apple last month, arguing the company illegally records the confidential activity of its mobile app users for profit.
What do you think of the Apple AirTag’s ability to track people without their consent? Let us know in the comments!
The plaintiffs are represented by Gillian L. Wade, Sara D. Avila and Marc A. Castaneda of Milstein Jackson Fairchild & Wade LLP; Edwin J. Kilpela Jr., Elizabeth Pollock-Avery and Kenneth A. Held of Lynch Carpenter LLP; and David Slade, Brandon Haubert and Jessica Hall of wh LAW.
The Apple AirTag stalking class action lawsuit is Hughes, et al. v. Apple Inc., Case No. 3:22-cv-07668, in the U.S. District Court for the Northern District of California.
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55 thoughts onJudge tosses some claims in Apple AirTag stalking class action but keeps others
It was scarey how my air tag would show up on others phones with my location. And vice versa- I could see others.
Fla father stalked and harassed digitally for many years by my daughter’s mother. I am one of few people with the ability to sense (hear) radio frequencies. Its both a gift and a curse as I use it every day to troubleshoot electronic equipment for work, but at times can get overwhelming with tons of emissions in the same area. Two Weeks ago, just after time share exchange, I went into the electronic isolated utility closet to store my daughter’s suitcase. In silence I could hear faint 2.4Ghz transmissions (Not 2-10khz).
Long story short… I had local police locate the tracker hidden in the lining of her suitcase. A hole was surgically cut and glued back together after somebody inserted the airtag. Still “under investigation” at this time.
I was a victim
Stalker
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