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Even with Settings Off, Apple Collects Consumer Data Class Action

Apple, Inc. claims to respect individuals’ desire to keep their data private, purportedly offering them ways to turn off sharing on their iPads and iPhones. But the complaint for this class action alleges that Apple goes on to collect their information from those devices anyway.

The Nationwide Class for this action is all individuals who, while using an Apple mobile device, had their information tracked or used by Apple after turning off “Allow Apps to Request to Track,” “Share iPad Analytics,” “Share iPhone Analytics,” or any other similar setting on an Apple mobile device that purported to stop Apple from collecting mobile app activity. A similar California Class has also been defined.

The complaint quotes the Apple Privacy Policy as saying, “At Apple, we respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data.” It also quotes the similar Apple App Store User Privacy and Data Use page: “The App Store is designed to be a safe and trusted place for users to discover apps created by talented developers around the world. Apps on the App Store are held to a high standard for privacy, security, and content because nothing is more important than maintaining users’ trust.”

Recent Apple advertising continues the privacy theme, for example, with a billboard (depicted on page 8 of the complaint) saying, “Privacy. That’s iPhone.”

The complaint alleges that Apple tells users how to keep their data from being shared, with instructions as to how to turn off “Allow Apps to Request to Track” settings, and also says it will “disable [the sharing of] Device Analytics altogether” if users turn off “Share iPad Analytics” on their iPad or iPhone.

But testing performed by two developers at a software company called Mysk showed that, according to the complaint, even when users follow these instructions, “Apple still records, tracks, collects, and monetizes consumers’ analytics data, including browsing history and activity information.”

The testing also showed, the complaint alleges, “that Apple continues to access consumers’ app usage, app browsing communications, and personal information in its proprietary apps, including the App Store, Apple Music, Apple TV, Books, and Stocks” even when they have turned off these settings.

The story came out in Gizmodo, the complaint alleges, on November 8, 2022, later appearing in other media outlets. “As of the date of filing,” the complaint alleges, “Apple still has not responded to or publicly refuted the reports.”

The complaint points out, “California law prohibits unauthorized recording of confidential communications” and accuses Apple of “knowing and unauthorized recording, copying, taking, use, and tracking of consumers’ communications and activity, and … knowing and unauthorized invasion of consumer privacy.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Even with Settings Off, Apple Collects Consumer Data Complaint

February 26, 2023

Apple, Inc. claims to respect individuals’ desire to keep their data private, purportedly offering them ways to turn off sharing on their iPads and iPhones. But the complaint for this class action alleges that Apple goes on to collect their information from those devices anyway.

Even with Settings Off, Apple Collects Consumer Data Complaint

Case Event History

Even with Settings Off, Apple Collects Consumer Data Complaint

February 26, 2023

Apple, Inc. claims to respect individuals’ desire to keep their data private, purportedly offering them ways to turn off sharing on their iPads and iPhones. But the complaint for this class action alleges that Apple goes on to collect their information from those devices anyway.

Even with Settings Off, Apple Collects Consumer Data Complaint
Tags: Breach of Contract, CIPA, Improper Collection of Information, Invasion of Privacy, Sharing Personal Information with Third Parties, Your Privacy