Apple strikes with class action lawsuit over mobile app activity tracking

Apple Inc. records users’ private activity on mobile apps without their consent and despite its privacy safeguards in violation of California’s Invasion of Privacy Act, a proposed new federal class action lawsuit alleged.

Elliot Libman alleged in the lawsuit that Apple has assured users that they control the information they share when using mobile apps, but that those assurances are “totally false”.

“Privacy is one of the primary issues Apple uses to distinguish its products from competitors,” the lawsuit filed Thursday said. “But Apple’s privacy guarantees are completely illusory.”

Apple’s iPhones and other devices contain settings that are supposed to disable all tracking and sharing of app information, but the tech giant continues to collect, track and monetize their data even after consumers opt out. sharing, he said.

Apple’s “App Store” app provides an example of how the company collects user data: the app logs every action users take, what they typed, apps they searched, the advertisements they saw and how long they watched a given app. , the alleged lawsuit.

Most apps that send analytics data to Apple share consistent ID numbers, which helps Apple track user activity across all of its services, he said.

“Through its pervasive and illegal activity of tracking and data collection, Apple knows even the most intimate and potentially embarrassing aspects of the user’s use of the app, whether or not the user accepts the offer. Apple’s delusion to keep these activities private,” the lawsuit said.

Reasons for action: unjust enrichment, invasion of privacy, CIPA violations.

Relief: Class certification, injunction, compensatory damages, statutory damages, punitive damages, restitution, attorneys’ fees and costs.

Potential class size: hundreds of thousands of members, according to the complaint.

Answer: Apple did not immediately respond to an emailed request for comment.

Lawyers: Bursor & Fisher PA represents Libman and the proposed class.

The case is Libman v. Apple, ND Cal., No. 5:22-cv-07069, complaint filed 11/10/22.

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