A new Class Action has been filed against Apple for systematic violations of state wiretapping, privacy, and consumer fraud laws

Joaquin Serrano of Philadelphia, Pennsylvania, has filed a new class action lawsuit against Apple Inc. seeking relief for Apple’s systematic violations of the state’s wiretap, privacy, and consumer fraud laws.

According to official court filings, Serrano’s attorney said, “This lawsuit involves a serious breach of consumer privacy. illegally records and uses your activity on mobile devices and applications (“Apps”). Even after a consumer expressly indicates through her Apple Mobile settings on her device that she does not want her data or information shared, this activity is collected by Apple and used for financial gain. That’s a huge amount of data to work with.

Consumers are interested in keeping their data private and want more control over their data. Consumers are also becoming increasingly concerned about their personal information being used without their knowledge or permission.

Amid growing privacy concerns, Apple has tried to establish itself as a leader by promoting the ability of users to control the information they share using their mobile devices. For example, the Apple Privacy Policy states:

“Apple respects your ability to know, access, rectify, transfer, restrict processing, and delete your personal data.” (emphasis added).

The Apple App Store User Privacy and Data Usage page similarly declares:

“The App Store is designed to be a safe and trusted place for users to find apps created by talented developers around the world. We hold ourselves to high standards in terms of user confidence.” (emphasis added).

Apple provides specific instructions to users to explain how to control the data Apple collects. Apple may, if the user so desires,[アプリが追跡を要求することを許可する]I’m telling you to turn off the setting.

Additionally, Apple makes clear promises in setting up mobile devices. [the sharing of] When a consumer toggles or turns off “Share iPhone Analytics” on their iPhone, or similar settings on other Apple mobile devices such as iPads.

However, Apple does not honor user requests to limit data sharing.

A recent test conducted by two independent app developers at software company Mysk found that even when consumers actively change their “privacy settings” and follow Apple’s instructions to protect their privacy, Apple still records, tracks, collects, and monetizes analytics data from Such as browsing history and activity information. These experts and their tests further confirm that even when consumers affirmatively access Apple’s app usage, app browsing communications, and the App Store, Apple Music, Apple TV, Books, and It further indicated that it continues to access personal information on its own apps, including Stocks. Turned off “Allow apps to request tracking” and/or “Share” [Device] About Privacy Management”.

Gizmodo published an article on this issue on November 8, 2022. The issue has been reported by multiple news outlets since Gizmodo’s report, including The Verge, Engadget, and Fox News. As of this filing date, Apple has not yet responded to the report or publicly refuted it.

Apple’s practices are deceptive to consumers, and collection of user data in explicit compliance with Apple’s instructions to prevent data sharing constitutes unlawful interception of communications, particularly the Pennsylvania Wiretapping Act. violates

Plaintiffs claim that “allow apps to request tracking” and/or “share [Device] Analytics option.

Through data tracking and storage, Apple has collected and monetized consumer information without the consent of plaintiffs and similarly situated consumers.

Plaintiffs, on their own behalf and on behalf of all other similarly situated Apple device users in Pennsylvania (the “class”), allege that Apple has knowledge, unauthorized copying, acquisition, use, and use of consumer communications and activities. We seek damages and equitable relief resulting from tracking. knowing and unfairly infringing on consumer privacy.”

Below is one of the photographic images presented in Apple’s privacy advertising class action lawsuit.

cause of action

  • Count 1: Violation of Pennsylvania Wiretapping and Electronic Surveillance Act
  • Count of Action 2: Violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Laws
  • Count 3: Breach of Privacy – Quarantine Intrusion
  • Count 4: Breach of an implied contract
  • Count 5: Unfair Enrichment

For more information about this lawsuit, please see the full text of the class action lawsuit, courtesy of Patently Apple, below.

Class action lawsuit against Apple Inc by Joaquin Serrano, Jack Purcher of Scribd

3 serrano v apple(Click the image above to enlarge)

10.0F2 - Patent Law

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