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.

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.