A judge has denied Apple's motion to dismiss a class-action lawsuit claiming that stalkers are using its AirTag devices to track victims -- and that the tech giant hasn't done enough to prevent them.
Apple's US$29 AirTags have become popular items since their 2021 release, helping users keep tabs on the location of anything from their lost keys to wallets and luggage. But stalkers have also taken advantage of AirTags and similar products to follow individuals without their consent.
In December 2022, Apple was sued by dozens of plaintiffs who said they were stalked by AirTag users. They alleged that Apple failed to mitigate such dangers and should have done more to protect victims -- claiming AirTags "revolutionized the scope, breadth, and ease of location-based stalking" and that current safety features are inadequate.
Apple attempted to dismiss the litigation in a filing last year, arguing the company "took proactive steps to try to deter misuse" and that it should not bear liability for injuries caused by third parties. But San Francisco-based U.S. District Judge Vince Chhabria dismissed that motion on Friday.
Chhabria ruled that, while most of the class-action plaintiffs' claims were "inadequately pled," three can proceed for negligence and strict product liability under California law. The remaining claims were dismissed in a separate order.
"Apple may ultimately be right that California law did not require it to do more to diminish the ability of stalkers to use AirTags effectively, but that determination cannot be made at this early stage," Chhabria wrote.
Chhabria detailed arguments from both Apple and the plaintiffs in the ruling. Included were accounts from the three remaining claims of victims being stalked by former partners or others through AirTags that were allegedly attached to their cars, resulting in emotional and sometimes financial harm.
All three of these cases involve "purported defects" of AirTags that made it harder for the victims to both understand the tracking and quickly stop it, Friday's ruling outlines, including unclear or delayed notifications, as well as an inability to disable the devices remotely, which allegedly prolonged stalking.
"We're grateful for the opportunity to continue this critical litigation," Gillian L. Wade, an attorney representing the plaintiffs, told The Associated Press via email. "Abusive and dangerous location tracking is only becoming more common, so it's imperative to do everything we can to give voice to the victims, and to push for accountability and change."
Apple and attorneys representing the California-based company did not immediately respond to requests for comment Tuesday.
Back in February 2022, months ahead of the class action filing, Apple released a statement that said it "condemn(s) in the strongest possible terms any malicious use of our products." It also noted then-planned updates aimed at increasing safety.
Last year, Apple also partnered with Google to submit a proposal aimed at setting standards for combatting secret surveillance on AirTags and similar gadgets.
Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.
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Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.
Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'
The body of a British Columbia mountain climber has been located and recovered after the 39-year-old man was reported missing during a solo climb on Washington state's Mount Baker earlier this week.
A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.
At least two people are dead and others are injured after a fire ripped through a century-old building in Old Montreal early Friday morning, sources told Noovo Info.
A teen charged with the murder of another teen on Prince Edward Island last year has pleaded guilty to a lesser charge of manslaughter.
A rural Colorado county courthouse beefed up security Friday after threats were made against staff and a judge who sentenced former county clerk Tina Peters to nearly nine years behind bars for her role in a data breach scheme catalyzed by the lie that the 2020 election was stolen from former President Donald Trump.
Oklahoma's top education official is seeking to purchase 55,000 Bibles for public schools and specifying that each copy contain the Declaration of Independence and U.S. Constitution, which are not commonly found in Bibles but are included in one endorsed by former President Donald Trump.
A French judge in the trial of dozens of men accused of raping an unconscious woman whose now former husband had repeatedly drugged her so that he and others could assault her decided on Friday to allow the public to see some of the video recordings of the alleged rapes.
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The U.S. and British militaries struck more than a dozen Houthi targets in Yemen on Friday, going after weapons systems, bases and other equipment belonging to the Iranian-backed rebels, U.S. officials confirmed.
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NDP House leader Peter Julian says there's more his party wants to do in Parliament before the next election, but if the current dysfunction continues it will become a factor in how they vote on a confidence measure.
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Defence Minister Bill Blair says Israel has the right to defend itself in 'a calibrated and proportional way' following Iran’s ballistic missile attack against Israel on Tuesday.
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Brazil's Supreme Court said on Friday that lawyers representing social media platform X did not pay pending fines to the right bank, postponing its decision on whether to allow the tech firm to resume services in Brazil.
Canada's airlines have failed in their challenge of air passenger protection rules that the federal government implemented in 2019.
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Caitlin Clark has been named the WNBA Rookie of the Year in a near-unanimous vote, giving the Indiana Fever back-to-back winners after Aliyah Boston won the honour last season.
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A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.
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What does New Westminster's təməsew̓txʷ Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.
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Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'
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Regina kids facing mobility issues were gifted toy cars through the Go Baby Go program.
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Saskatoon police arrested a homeless person at the scene of an encampment underneath the University Bridge on Friday morning.
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Middlesex OPP have shuttered a road between Mount Brydges and Komoka today - Amiens Road is currently closed between Glendon Drive and Oriole Drive.
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To enhance inclusivity at Lethbridge Polytechnic, the institution has launched a new accessibility micro-credential.
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