Privacy Class Action Watch • The Latest Waves

Apple Defeats Class-Based Privacy Claims on Standing Arguments

Apple successfully defeated claims asserting it had violated its privacy policies in designing its iOS environment to allow personal information to be shared to third-party app makers. Judge Lucy Koh of the Northern District of California granted summary judgment in Apple's favor, holding that the named plaintiffs had failed to demonstrate they relied on any alleged misrepresentations. As a result, Judge Koh held that the named plaintiffs lacked standing to pursue their claims and denied as moot the pending motion for class certification. In so ruling, Judge Koh found there were sufficient issues of disputed fact to preclude a ruling in Apple's favor on the issue of whether plaintiffs had suffered any injury in fact or damage based on their allegations that they overpaid for their iPhones, and by losing battery life, storage space, and bandwidth from their phone due to the transmission of personal