If you pay attention to technology like we do as investigators, you’ve probably heard some horror stories about Apple AirTags being used to stalk and obtain the whereabouts and travels of victims, or potential victims, with malicious intent.
According to Rachel Graf of Claims Journal, Hughes v. Apple, Inc., a class-action lawsuit against Apple for this very reason, will be moving forward thanks to US District Judge Vince Chhabria in San Francisco, CA, after Apple, Inc. was seeking to dismiss the case.
Late last month, it was determined that three out of approximately three dozen plaintiffs had made sufficient enough claims for negligence and product liability. The others were dismissed.
Graf stated that the “women and men who filed the suit alleged that Apple was warned of the risks posted by its AirTags and argued the company could be legally blamed under California law when the tracking devices are used for misconduct.”
Further details about the case are as follows, according to Graf:
“In the three claims that survived, the plaintiffs ‘allege that, when they were stalked, the problems with the AirTag’s safety features were substantial, and that those safety defects caused their injuries,’ Chhabria wrote.”
“Apple had argued it designed the AirTag with ‘industry-first’ safety measures and shouldn’t be held responsible when the product is misused.”
“‘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,’ the judge wrote in allowing the three plaintiffs to pursue their claims.”
“Apple was accused in the case of negligently releasing the AirTag despite warnings by advocacy groups and others that the product would be re-purposed for surveillance. ‘With a price point of just $29 it has become the weapon of choice of stalkers and abusers,’ according to the complaint.”
“Apple developed a feature that alerts users when an AirTag might be tracking them, but that and other safety measures aren’t enough, according to the suit.”
We will be watching this closely!