In 2011, Apple was sued by two iDevice users for alleged privacy invasion and computer fraud. The duo accused the Cupertino-based company of secretly recording and storing the location and movement of iPad and iPhone users.
Apple, naturally, took offense to the accusation. The plaintiffs, an iPhone user in Florida and an iPad user in New York, requested that Apple be banned from requesting location data in the lawsuit. They also asked for a refund on the purchase price of their devices.
There hasn’t been a lot of news on the lawsuit since the claim was filed, but today, Apple was in court over the issue. According to Bloomberg, Apple argued that the two plaintiffs failed to accurately prove their claims after lawyers for the pair asked Judge Lucy Koh to turn the lawsuit into a class action suit.
Lawyers for the customers asked U.S. District Judge Lucy Koh at a hearing yesterday in San Jose, California, to designate the suit a class action. Apple argues the request should be denied because plaintiffs haven’t shown that any users had personal information collected by the free apps without their consent, and as a result, can’t show they suffered any harm, according to a court filing.
The customers’ attorneys have abandoned their damages claims because they can’t prove any injury, and are proceeding with the class-action request “in a desperate attempt” to recover fees, Apple argued in the filing.
When an iPad or iPhone owner opens an app that requires location information, they are prompted to confirm that the device is accessing location data, which seems to indicate that Apple is on the right side of the law in this case.
The two plaintiffs in the case, however, argue that Apple continued to collect data on their geographical locations even after they disallowed their apps from using the information. Apple says the accusation is not true.
Depending on what Judge Koh decides, the location lawsuit could end harmlessly, or it could be turned into a class action suit that will likely require Apple to shell out some cash.