Apple Siri Eavesdropping Class Action Claims Proceed Under Recent Ruling

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Apple Siri Eavesdropping Class Action Lawsuit Overview: 

• Who: A federal judge readmitted part of a 2019 class action lawsuit filed against Apple, Inc.
• Why: The judge ruled that the plaintiffs succeeded in alleging Apple Siri devices were responsible for targeted advertisements and accidental activation leading to invasion of privacy. 
• Where: The class action lawsuit is pendingin California federal court. 

A federal judge in California has readmitted part of an amended class action lawsuit filed against Apple alleging its Siri voice-activation devices violated the privacy of consumers by improperly recording, storing, and sharing private conversations. 

U.S. District Judge Jeffrey S. White had previously dismissed the class action lawsuit after ruling the plaintiffs failed to allege that they themselves had sustained economic injury or suffered from an accidental Siri voice activation. 

Apple argued that it did not intentionally intercept any conversations. The tech giants also contended that users provide consent because the device alerts them if it is accidentally triggered. Further, plaintiffs did not properly plead a privacy violation under the California Constitution, according to the company. 

Consumers Claim Ad Targeting After Apple Siri Eavesdropping

Lead plaintiff Fumiko Lopez’s revised class action lawsuit adds factual allegations about his use of Apple Siri voice activation devices, including that he allegedly received targeted advertisements based on private conversations he had near a Siri device. 

Another plaintiff, John Pappas, alleges he received targeted advertisements for pharmaceutical drugs after he talked to his physician in the presence of an Apple Siri device. Plaintiffs Lishomwa Henry and David Yacubian, meanwhile, both allege they observed Siri devices accidentally activate, according to the order. 

“On balance, the Court finds that these allegations plausibly show that Plaintiffs’ private communications were intercepted,” states White’s order issued Thursday. 

White said while Apple places blame on the plaintiffs for not alleging the specific contents of their communications, the fact they were made in a private setting, despite the presence of a Siri device, is enough to warrant that there should be a reasonable expectation of privacy. 

The targeted advertising claims were also plausible, White says. 

“The complaint plausibly alleges that targeted advertising arose from Siri interception, rather than another commercial auditory interception device,” states White’s order. 

White noted plaintiffs still had not alleged economic injury and thus dismissed that part of the Apple Siri class action lawsuit. 

Lopez now has 20 days to file another amended class action lawsuit.

A similar class action lawsuit was filed this month against Amazon alleging the company uses its Amazon Alexa devices to improperly capture and store the biometric data of its users. 

Do you believe you have received targeted advertisements after talking privately near an Apple Siri device? Let us know in the comments! 

The plaintiffs are represented by Mark N. Todzo and Eric S. Somers of Lexington Law Group, Vincent Briganti, Christian Levis, and Andrea Farah of Lowey Dannenberg PC, Joseph P. Guglielmo and Erin Green Comite of Scott & Scott Attorneys At Law LLP, and E. Kirk Wood of the Wood Law Firm. 

The Apple Siri Class Action Lawsuit is Lopez v. Apple, Inc., Case No. 4:19-cv-04577, in the U.S. District Court for the Northern District of California.

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