Apple AirTag Used for Stalking Class Action

Apple, Inc. came out with its AirTag device in April 2021, intending no doubt for it to be used to help people find their keys, phones, or other lost objects. However, the complaint for this class action alleges that it is all too easily used for stalking people, put on cars, in purses or backpacks, and even in coats. From there, the complaint claims, it transmits their locations, without their knowledge, to others who may have no business knowing it.

The complaint alleges, “Each year, an estimated 13.5 milliion people are victims of stalking in the United States, with nearly one in three women and one in six men experiencing stalking at some point in their lifetime.” The AirTag, which is “roughly the size of a quarter,” can help stalkers find and track their victims, the complaint says.

How does the AirTag work? The complaint alleges it does so “by emitting signals that are detected by Bluetooth sensors on the hundreds of millions of Apple products across the United States. These sensors comprise Apple’s ‘FindMy’ network. When a device on the network detects a signal from the missing device, it reports that missing device’s location back to Apple, which in turn reports it to the owner”—that is, the owner of the AirTag and not the owner of the vehicle, bag, or article of clothing in which it’s installed.

Because so many people now own Apple products, the complaint alleges, people are never far away from them and so are nearly always trackable.

When Apple first brought out the device, the complaint alleges that “advocates and technologists urged the company to rethink the product and to consider its inevitable use in stalking.” But Apple ignored these warnings. The complaint claims, “The consequences have been as severe as possible: at least two reported murders have occurred in which the murderer used an AirTag to track the victim.”

Apple claims to have created safeguards, to warn people they are being tracked, but the complaint alleges they are “woefully inadequate” and even worse for those who use Android rather than Apple devices.

Four classes and two subclasses have been proposed for this action:

• The iOS Stalked Class is all persons living in the US who own iOS devices and who were tracked without consent by Apple’s AirTag.
• The iOS At-Risk-of-Stalking Class is all persons living in the US who own iOS devices.
• Also defined in the complaint are an Android Stalked Class and Android At-Risk-of-Stalking Class similar to the above, a Multistate Subclass, and a New York Subclass. See page 27 of the complaint, linked below, for complete definitions.

Article Type: Lawsuit
Topic: Privacy
Tags: Spying or Eavesdropping, Stalking, Your Privacy