Court again sides with plaintiffs in privacy class action against Apple, app developers
March 23, 2015 – Federal District Court Judge Jon S. Tigar today issued a 34-page decision upholding claims against Apple and a dozen of the country’s largest application developers for violations of law in connection with the practice of uploading address book data from users’ iDevices without the users’ authorization or consent. Today’s order is the third in which Judge Tigar has upheld plaintiffs’ class claims in the case (in which the court appointed the firm lead counsel in Oct. 2013) against defendants’ almost three-year long legal assault. In today’s order, the court found that plaintiffs adequately stated an “extensive” and, allegedly, false and misleading advertising campaign aimed at convincing the public that Apple’s personal computer devices were (and are) “secure and include comprehensive consumer-privacy protections.” The court also sustained, as it did before, plaintiffs’ invasion of privacy claims against both the app developers and Apple despite several lines of legal attack, including that the federal Copyright Act preempted those claims in their entirety. Defendants now have 14 days to answer plaintiffs’ consolidated complaint, after which the case will proceed to the pre-trial discovery stage.