Apple and T-Mobile Allowed Access to Others’ Accounts Class Action

We want to believe that our personal devices are secure. But this class action brings suit against two major companies, Apple, Inc. and T-Mobile USA, Inc., alleging that each one permitted flaws in its systems that have allowed the disclosure of consumers’ information to third parties.

The class for this action is individual consumers who (1) bought an iPhone or bought a T-Mobile SIM card for use in an iPhone, during the applicable limitations period through the present, and (2) used the iMessage or FaceTime features of the iPhone through the SIM cards during that period, by which they became victims of the pervasive data security breaches alleged in this complaint.

The complaint says “Apple deceived consumers by failing to disclose a significant security flaw in the Apple iOS software … known only to Apple that allowed iMessage correspondence sent by iPhone users and FaceTime calls made by iPhone users to be improperly directed to and accessed by third parties.”

The T-Mobile allegation concerns subscriber identification modules, or SIM cards: “T-Mobile deceived consumers … by failing to disclose that its practice of recycling phone numbers linked to SIM cards, and selling those SIM cards to consumers without requiring prior users to manually disassociate their Apple IDs from the phone numbers associated with the recycled SIM cards, did not protect the privacy of users’ data and confidential personal information.”

According to the complaint, the iOS 12 software released around September 17, 2018 was supposed to fix the data security issues—if users installed the software. Yet Apple never actually informed consumers that the problem existed. Even now, not all users have installed the iOS 12 software, so that the data breaches may still be ongoing.

The complaint quotes Ars Technica as saying im 2011 that “thieves and unsuspecting buyers [were] still able to send and receive iMessages as the original owner—even after the device is registered under a new account. Almost nothing seems to work—remoted wiping, changing Apple ID passwords, or even moving the old phone number to a new phone—and users are becoming more than frustrated that thieves are so easily able to pose as them.”

The two plaintiffs in this case are Regge Lopez (of Florida) and Tigran Ohanian (of Moscow, Russia). Lopez switched the carrier for his iPhone to T-Mobile, which gave him a new phone number. That number was apparently the same number that T-Mobile had previously given to Ohanian with Ohanian’s SIM card. The result was that, even though Ohanian’s SIM card was deactivated and not installed in his iPhone, he began receiving “extensive amounts of unwanted communications … via iMessage and FaceTime” which were meant for Lopez. Neither was ever notified by Apple of measures that could stop this problem.

The complaint alleges violations of New York’s General Business Law for false advertising and deceptive business acts and practices and fraudulent misrepresentation, among other things.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Apple and T-Mobile Allowed Access to Others’ Accounts Complaint

July 6, 2020

We want to believe that our personal devices are secure. But this class action brings suit against two major companies, Apple, Inc. and T-Mobile USA, Inc., alleging that each one permitted flaws in its systems that have allowed the disclosure of consumers’ information to third parties.

Apple and T-Mobile Allowed Access to Others’ Accounts Complaint

Case Event History

Apple and T-Mobile Allowed Access to Others’ Accounts Complaint

July 6, 2020

We want to believe that our personal devices are secure. But this class action brings suit against two major companies, Apple, Inc. and T-Mobile USA, Inc., alleging that each one permitted flaws in its systems that have allowed the disclosure of consumers’ information to third parties.

Apple and T-Mobile Allowed Access to Others’ Accounts Complaint
Tags: Exposing Private Information, Your Privacy