A federal judge narrowed a lawsuit accusing Apple (AAPL.O) of violating the privacy of iPhone, iPad, and Apple Watch users by collecting their personal data through proprietary apps such as the App Store, Apple Music, and Apple TV.
U.S. District Judge Edward Davila in San Jose, California, dismissed most claims related to the “Allow Apps to Request to Track” setting on Apple devices but allowed some claims to move forward concerning the “Share [Device] Analytics” setting.
Mobile device users accused Apple of violating user agreements and several privacy and consumer protection laws. They argued that Apple assured them disabling these settings would limit data collection, storage, and usage, yet the company allegedly ignored these choices and continued to collect, store, and use their data.
This lawsuit, which seeks unspecified damages, is one of many targeting technology companies like Apple, Google (owned by Alphabet GOOGL.O), and Meta Platforms’ Facebook (META.O) for collecting user data without consent.
In a 39-page ruling issued late Thursday, Judge Davila emphasized that Apple clearly informed users that the “Allow Apps to Request to Track” setting only applied to apps and websites owned by other companies. He explained that it was “implausible” for users to believe they could withdraw consent for Apple to collect their data through its own apps by turning off that setting.
However, Davila found users had plausibly argued they withdrew consent by disabling the “Share [Device] Analytics” setting, referencing Apple’s own disclosure, which stated users could “disable the sharing of Device Analytics altogether.”
Apple, based in Cupertino, California, has defended its data collection practices, stating it gathers data through that setting to improve its products and services. Neither Apple nor its lawyers have responded to requests for comment. Attorneys representing the plaintiffs have also remained silent.
The case is titled In re Apple Data Privacy Litigation, U.S. District Court, Northern District of California, No. 22-07069.
