Class Action

The Security of Information on iDevices

Class Action

The Security of Information on iDevices

In July 2017, a federal judge granted preliminary approval of a settlement of a class-action lawsuit against Apple and several app developers.

The 2014 complaint alleges that the companies misrepresented that information on iDevices was secure and could not be taken without owners’ consent when, according to plaintiffs, the companies failed to disclose security flaws and that information on devices was secretly uploaded, stored, and sometimes disseminated.

The settlement provides for a $5.3 million settlement fund from which class members who file claims can receive a portion, after other costs – including administration costs, attorneys’ fees, and incentive awards for named plaintiffs – are paid. The amount each class member receives will be based on the number of claimants and the number of relevant apps used by each claimant, and the award to class members will be in the form of an Amazon.com gift card credit or a postcard check.

A final fairness hearing is scheduled for December 14, 2017. (Opperman et al v. Kong Tecnhologies, Inc. et al, Case No. 13-cv-453, N. D. CA.)


Class-Action Tracker

Apple’s Siri

Class Action

Apple’s Siri

Allegations: Misrepresenting that Siri devices only listen to, record, and share conversations if users provide consent when the company intercepted, recorded, disclosed, and misused consumers’ private conversations without their consent

AirPods Max

Class Action

AirPods Max

Allegations: Marketing that products provide “unparalleled wireless audio” when a defect causes condensation that leads to several performance issues

Apps from Apple’s App Store

Class Action

Apps from Apple’s App Store

Allegations: Misrepresenting that apps from Apple’s app store have been vetted and reviewed, are safe and secure, and comply with applicable laws

Powerbeats Pro Headphones

Class Action

Powerbeats Pro Headphones

Allegations: Marketing that headphones provide “up to 9 hours listening time,” charging cases provide “more than 24 hours listening time,” and devices provide continuous Bluetooth connectivity when they fail to…

The Security of Communications on iPhones

Class Action

The Security of Communications on iPhones

Allegations: Misleadingly marketing that iMessage and Facetime are secure methods of communication without disclosing that a flaw in Apple’s iOS software and T-Mobile’s SIM card practices allow iMessage correspondence and…

Apple iPhones

Class Action

Apple iPhones

Allegations: Failing to adequately disclose that products do not come with power adapters needed to charge devices

Powerbeats Headphones

Class Action

Powerbeats Headphones

Allegations: Deceptively marketing Powerbeats headphones as “BUILT TO ENDURE” and the “BEST HEADPHONES FOR WORKING OUT”

Apple’s Subscriptions for iCloud Storage

Class Action

Apple’s Subscriptions for iCloud Storage

Allegations: Misleadingly representing that owners of Apple devices who purchase iCloud subscriptions get the storage in the plan plus the 5GB of storage automatically provided to all owners of Apple…

AppleCare and AppleCare+ Plans

Class Action

AppleCare and AppleCare+ Plans

Allegations: Misrepresenting that replacement devices under warranties will be new devices when they are actually refurbished, reconditioned, and secondhand

Apple Watches

Class Action

Apple Watches

Allegations: Misleadingly representing that the wristwatch is capable of measuring blood oxygen levels when the device does not provide accurate measurements

iOS Software Updates for iPhone 4s

Class Action

iOS Software Updates for iPhone 4s

Allegations: Misleadingly representing that the iOS 9 software was compatible with and would improve the performance of the iPhone 4s when the update slowed down the performance of phones and…

Apple’s Privacy Controls

Class Action

Apple’s Privacy Controls

Allegations: Falsely representing that Apple will not collect data about consumers’ activity in apps if they turn off certain privacy settings

Apple Watch SE

Class Action

Apple Watch SE

Allegations: Falsely marketing smart watches as “swimproof” and water resistant when they’re not

Apple’s iCloud Storage

Class Action

Apple’s iCloud Storage

Allegations: Misleadingly representing that it would provide subscribers with iCloud storage when their data was stored on cloud servers owned by other entities

The Performance of Apple Devices

Class Action

The Performance of Apple Devices

Allegations: Failing to disclose that devices unexpectedly power off due to a defect and an update resulted in reduced processing speeds and other operations

Digital Content from iTunes

Class Action

Digital Content from iTunes

Allegations: Misleadingly marketing that consumers can “buy” digital content when Apple does not own all of the content it sells and must revoke access to content if its license to…

iPhone XR

Class Action

iPhone XR

Allegations: Failing to disclose that the iPhone XR has only half of the connectivity and 4G speed of the iPhone XS and iPhone XS Max

Digital Content Purchased from Apple

Class Action

Digital Content Purchased from Apple

Allegations: Misleadingly representing that consumers may “buy” content by paying a higher price when Apple may revoke consumers’ access to “purchased” content at any time and for any reason


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