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Apple Defeats Privacy Law Claims in California Data Tracking Suit

Apple has beaten a class action's claims alleging that it records users' mobile activity without their consent despite the company's privacy assurances, reports Bloomberg Law.

iPhone Privacy
Filed in November 2022, the lawsuit accused Apple of "utterly false" assurances that users are in control of what information they share when they use stock ‌iPhone‌ apps like the App Store and Apple Music.

Specifically, it claimed that Apple's mobile device options to disable the sharing of device analytics and opting out of settings such as "Allow Apps to Request to Track" do nothing to stop Apple from continuing to collect data relating to users' browsing and activity for monetization purposes.

From the Bloomberg report:

Judge Edward J. Davila on Tuesday granted Apple's motion to dismiss parts of the class action that alleged violations of California's Invasion of Privacy Act, the California Constitution, the state's unfair competition law, breach of implied contract, and the Pennsylvania Wiretapping and Electronic Surveillance Control Act.

Davila, who sits on the US District Court for the Northern District of California, said he would give the plaintiffs one final opportunity to amend and refile their complaint "out of an abundance of caution."

"It is doubtful whether Plaintiffs can sufficiently plead their dismissed claims given the deficiencies addressed in this Order," he said.

This week's ruling only dismissed the California-specific privacy claims. Several other claims in the lawsuit already survived an earlier ruling in September 2024 and remain active.

Those claims – based on the "Share Device Analytics" setting – include breach of contract, unjust enrichment, and violations of consumer protection laws in Illinois, New Jersey, and New York. Judge Davila found that the plaintiffs had sufficiently argued they withdrew consent to data collection by turning off that setting.

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Top Rated Comments

zarmanto Avatar
11 months ago

Can someone with an understanding of this explain it to me like I'm 5?
Obligatory IANAL, but I'll give it a shot.

Some idiots sued Apple, because they think Apple is collecting their data without permission, even though Apple says otherwise -- but they know full well that there is no way to prove it, so they were hoping the court would just somehow force Apple to fess up. Since Apple instead demonstrated that the idiots' claims are full of holes, the court told the idiots that most of their claims are stupid, and that their court filing -- with the few remaining potentially not stupid claims -- need to be rewritten to exclude the stupid claims. Trouble is, without the stupid claims, the idiots barely have a case... so this charade isn't likely to go much further.
Score: 23 Votes (Like | Disagree)
roklanhavok Avatar
11 months ago
I think one way or another Apple is probably the company that protects our privacy the most, while still not being perfect.
Score: 15 Votes (Like | Disagree)
zarmanto Avatar
11 months ago

I would wager not seeing though they built everything around privacy. We will see though.
I believe the plaintiff's entire case rests upon the flimsy premise that we can't see what Apple collects. Outside of scouring through all of Apple's source code, it seems like it would be quite impossible for plaintiff to prove their case -- and that level of in-depth discovery seems unlikely to be approved by this or any other court.
Score: 11 Votes (Like | Disagree)
11 months ago
So, does Apple "collect data relating to users' browsing and activity for monetization purposes" or not?
Score: 8 Votes (Like | Disagree)
canadianreader Avatar
11 months ago

Can someone with an understanding of this explain it to me like I'm 5?
This is about Apple itself collecting users' data.
I don't know if you remember the OCSP issue back in 2020 when Big Sur was released
https://www.macrumors.com/2020/11/15/apple-privacy-macos-app-authenticaion/

Apple's own system apps also attempted to bypass VPNs and firewalls in Big Sur
https://www.techradar.com/news/macos-big-sur-reveals-apple-secretly-hates-your-vpn-and-firewall

Since then Apple implemented OCSP2 even more phoning home. The problem is macOS is closed source system we don't know what kinda data Apple is collecting through these protocols. I'd say use LS and block all these processes.

More about OCSP
https://www.howtogeek.com/701176/does-apple-track-every-mac-app-you-run-ocsp-explained/
Score: 7 Votes (Like | Disagree)
11 months ago

Android is open source and I don't use Windows. The point is we don't know what kind of data is sent to Apple and how or for how long is it stored. I generally distrust big corporations and my distrust of Apple started when they tried to bypass firewalls and network filters in Big Sur.


View post on X
The basic core of Android is open source. Everything that runs on top of it that makes Android “Android” is 100% closed source and controlled by Google. Further, OEMs can modify Android code for their specific devices.

Therefore it’s impossible to audit Android to see what it’s doing because large portions are controlled by Google. For all intents & purposes of this discussion (determine what data is being sent) Android is absolutely closed source since we can’t access Google proprietary code to see what it’s doing. Same as Apple or Microsoft.

The only thing we can do is look at the business model of the company and their past behaviors. In that regard Google is orders of magnitude worse than Apple (who isn’t perfect, but is easily the best).


Saying “we don’t know” is a terrible way of looking at life. “I don’t know if my wife is having an affair, and since I can’t prove it then she probably is”.
Score: 6 Votes (Like | Disagree)
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