Apple Inc. experienced a legal setback when a judge rejected its bid to dismiss a lawsuit claiming that its AirTag devices aid stalkers in monitoring individuals.

US District Judge Vince Chhabria in San Francisco ruled on Friday that three plaintiffs in the class-action lawsuit had presented credible allegations concerning negligence and product liability, although he did dismiss some others.

The Apple's $29 AirTag

Apple's $29 AirTags have gained popularity for helping users track lost items like keys, wallets, and luggage since its launch in 2021, but have also been misused by stalkers to track individuals without their consent.

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Plaintiff's Lawsuit Over Safety Features of AirTags

Dozens of plaintiffs filed a lawsuit against Apple in December 2022, alleging that they were stalked by users of AirTags. Apple did not adequately address the issue and should have taken more steps to protect victims.

In the surviving claims, the plaintiffs contended that the AirTag's safety features were inadequate and contributed to their injuries during stalking incidents. Judge Chhabria agreed to the concerns, noting that Apple's argument on the AirTag's safety measures could not be definitively resolved at such an initial phase.

The Rising Prevalence of Dangerous Location-Tracking

In the ruling, Chhabria presented arguments from both Apple and the plaintiffs, which included descriptions of the three remaining claims where victims reported being stalked by former partners or others using AirTags attached to their cars, leading to emotional and occasional financial harm.

Friday's ruling outlines that all three cases involve issues with AirTags that made it difficult for the victims to comprehend the tracking and promptly halt it, which include unclear or delayed notifications and the inability to disable the devices remotely, which allegedly prolonged the stalking.

Gillian L. Wade, an attorney representing the plaintiffs, expressed gratitude for the opportunity to continue the critical litigation, emphasizing the importance of giving voice to the victims and pushing for accountability and change in light of the rising prevalence of abusive and dangerous location tracking.

Apple Dismissing Allegations

The lawsuit alleged that Apple released the AirTag negligently, disregarding warnings from advocacy groups and others about its potential for misuse in surveillance. It emphasized the device's affordable price of $29, making it readily accessible for individuals intending to use it for stalking or abuse. Despite Apple's implementing features to notify users of potential tracking by an AirTag, the lawsuit contended that these measures were inadequate to deter misuse.

Apple argued that it had introduced industry-first safety features in the AirTag and should not be held responsible for its misuse. Nonetheless, the judge's decision permits the three plaintiffs to proceed with their claims.

In February 2022, several months before the class action lawsuit was filed, Apple released a statement strongly condemning any malicious use of its product and mentioned plans for updates designed to enhance safety.

Apple collaborated with Google last year to propose standards to address covert surveillance concerns associated with AirTags and similar devices.

The case is referenced as Hughes v. Apple, Inc., 3:22-cv-07668, in the US Northern District Court of California, San Francisco.

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