U.S. judge dismisses Apple consumer lawsuit over data privacy

Wed Nov 27, 2013 10:08pm EST

A woman holds her new Apple iPhone 5S after buying it at an Apple Store at Tokyo's Ginza shopping district September 20, 2013. REUTERS/Toru Hanai

A woman holds her new Apple iPhone 5S after buying it at an Apple Store at Tokyo's Ginza shopping district September 20, 2013.

Credit: Reuters/Toru Hanai

(Reuters) - A California federal judge has dismissed a consumer lawsuit over data privacy against Apple Inc, saying the plaintiffs had failed to show they had relied on any alleged company misrepresentations and that they had suffered harm.

The four plaintiffs claimed in 2011 that Apple had violated its privacy policy, saying the iPhone maker had designed its iOS environment to easily transmit personal information to third parties that collect and analyze such data without user consent or detection.

They also claimed that they suffered damages by paying too much money for their iPhones and by losing storage space, among other things, according to court documents.

U.S. District Judge Lucy H. Koh in San Jose, California dismissed the case.

"Plaintiffs must be able to provide some evidence that they saw one or more of Apple's alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby," Koh said in the November 25 ruling.

Lawyers for the plaintiffs and Apple either did not respond to requests for comment or declined to comment.

The case is one part of nationwide litigation Koh is overseeing that consolidates 19 related lawsuits.

The case is In re Apple Inc. iPhone/iPad Application Consumer Privacy Litigation, 11-md-02250, U.S. District Court, Northern District of California (San Jose).

(Reporting by Casey Sullivan; Editing by Edwina Gibbs)

We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/
Comments (3)
breezinthru wrote:
There is a simple solution to this problem that is far more effective than a lawsuit. People who are unhappy about the unprivate nature of Apple’s iOS environment should simply replace their Apple phone with other brands and use things like Twitter and Facebook to educate people about it.

When Apple starts losing market share, they will change their behavior if it isn’t too late.

Nov 27, 2013 10:25pm EST  --  Report as abuse
Dr_Steve wrote:
“They also claimed that they suffered damages by paying too much money for their iPhones ”

So, did someone hold a gun to their heads forcing them to buy iPhones?

Nov 27, 2013 10:41pm EST  --  Report as abuse
UauS wrote:
“Plaintiffs must be able to provide some evidence that they saw one or more of Apple’s alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby,”
So why so much buzz about Snowden?..

Nov 28, 2013 12:20am EST  --  Report as abuse
This discussion is now closed. We welcome comments on our articles for a limited period after their publication.