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Apple Faces Sanctions in iPhone/iPad Privacy Class Action

By Sarah Pierce

 

AppleApple Inc.’s recent “unacceptable” conduct in a privacy class action lawsuit may result in sanctions from a federal court after the judge presiding over the case discovered the company hid information from plaintiffs’ attorneys.

On March 7, U.S. District Judge Lucy Koh reprimanded Apple for failing to turn over documents in the discovery phase for In re: iPhone Application Litigation, a case that accuses Apple of secretly tracking iPhone and iPad users without their permission. Koh said she was “disturbed” to learn that Apple had relied on more than 2,000 documents in its court filings to dismiss the class action lawsuit that it never disclosed to plaintiffs’ lawyers.

Judge Koh subsequently denied Apple’s motion for summary judgment and ordered plaintiffs to withdraw their motion to certify two classes, telling them they could re-file the motions after the court received a detailed account of how Apple collects and evaluates which documents it chooses to give the plaintiffs.

At a hearing yesterday, U.S. Magistrate Judge Paul S. Grewal met with plaintiffs’ lawyers in the case about pursuing sanctions against Apple, saying the company’s production of documents “more than doubled since the court got involved.”

The fact that employee e-mails and documents only surfaced after the court said it would review Apple’s document production process did not sit well with Grewal, who told Apple’s lawyer that it “doesn’t sound like you did a lick of work” to double-check whether Apple employees properly determined which documents should and shouldn’t be turned over.

Grewal echoed Koh’s earlier sentiment that Apple could no longer be trusted to hand over evidence in the case.

Plaintiffs are hoping to hold Apple responsible for secretly recording and storing details of iPhone and iPad user’s geo-locations, even after they turned these services off.

Judge Koh had previously granted Apple’s motions to dismiss several key claims from the plaintiffs, but ultimately said the company must face the privacy class action lawsuit.

The case is In Re: iPhone Application Litigation, Case No. 11-MD-02250-LHK, U.S. District Court, Northern District of California, San Jose Division.

 

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Updated March 20th, 2013

 

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4 thoughts onApple Faces Sanctions in iPhone/iPad Privacy Class Action

  1. Natasha says:

    Constantly invasion of privacy and removal of photos with art design on my hand from the device.

  2. Natasha says:

    Apple corporation iPad they charge for space and remove photos from devices after you pay for the 500 dollar device.

  3. Grace Tersigni says:

    KamberLaw, LLC has been appointed interim lead counsel in this class action. If you have any questions about the case, contact Grace Tersigni, Esq. at gtersigni@kamberlaw.com.

  4. Sarah Redmond says:

    I was an IPhone user for years. Request additional info on this class action.

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