NEW YORK — A judge has denied Apple’s request to dismiss a class action lawsuit alleging that stalkers use their AirTag devices to track victims — and that the tech giant hasn’t done enough to prevent them.
Apple’s $29 AirTags have become popular items since their release in 2021, allowing users to keep an eye on the location of everything from their lost keys to wallets and luggage. But stalkers have also abused AirTags and similar products to track individuals without their consent.
In December 2022, Apple was sued by dozens of plaintiffs who said they were being stalked by AirTag users. They claimed that Apple had failed to mitigate such dangers and should have done more to protect victims. They claimed that AirTags “revolutionized the scope, breadth and convenience of location-based stalking” and that current security features are inadequate.
Apple tried to dismiss the lawsuit in a filing last year, arguing that the company was “taking proactive steps to prevent abuse” and that it should not be liable for injuries caused by third parties. But San Francisco-based U.S. District Judge Vince Chhabria denied that motion on Friday.
Chhabria ruled that while most of the class action plaintiffs’ claims were “inadequately pled,” three of them could sue under California law for negligence and strict products liability. The remaining claims were dismissed in a separate order.
“Apple may ultimately be right to say that California law does not require it to do more to reduce stalkers’ ability to effectively use AirTags, but that determination cannot be made at this early stage,” Chhabria wrote.
Chhabria detailed arguments from both Apple and the plaintiffs in the ruling. Included were reports of the three remaining claims from victims who were stalked by former partners or others via AirTags allegedly attached to their cars, causing emotional and sometimes financial harm.
All three of these cases involve “alleged flaws” with AirTags that made it more difficult for victims to understand the tracking and quickly stop it, Friday’s ruling outlines, including unclear or delayed notifications, as well as an inability to switch off devices remotely. who allegedly engage in long-term stalking.
“We are grateful for the opportunity to pursue this critical lawsuit,” Gillian L. Wade, an attorney representing the plaintiffs, told The Associated Press by email. “Abusive and dangerous location tracking is becoming increasingly common, so it is imperative to do everything we can to give victims a voice and push for accountability and change.”
Apple and lawyers representing the California-based company did not immediately respond to requests for comment on Tuesday.
In February 2022, months prior to the filing of the class action, Apple released a statement saying it “condemns in the strongest possible terms any malicious use of our products.” There was also mention of then-planned updates aimed at increasing security.
Last year, Apple also teamed up with Google to submit a proposal aimed at establishing standards to combat covert surveillance on AirTags and similar gadgets.
