The request by Apple to dismiss a class-action lawsuit alleging that its AirTag devices are being used by stalkers to track their victims has been denied by a judge, who believes the tech company has not taken sufficient measures to prevent this from happening.

Since debuting in 2021, the AirTags, which retail for $29, have gained popularity as a way for users to track and locate their belongings, ranging from keys and wallets to luggage. However, some individuals have also misused AirTags and similar items to stalk others without their knowledge or permission.

In December 2022, a group of plaintiffs filed a lawsuit against Apple, claiming they were being stalked by users of AirTags. The lawsuit purported that Apple did not take sufficient measures to address these dangers and should have provided better protection for victims. The plaintiffs argued that AirTags have significantly expanded the potential for location-based stalking and that the current safety precautions are ineffective.

Last year, Apple made an effort to counter the legal action by claiming that they had taken measures to prevent exploitation and therefore should not be held liable for any harm caused by outside parties. However, Judge Vince Chhabria from the U.S. District Court in San Francisco rejected this stance and denied their motion on Friday.

Judge Chhabria declared that although many of the claims made by the individuals involved in the class-action lawsuit were not adequately stated, three of them can move forward based on negligence and strict product liability in accordance with California law. The remaining claims were addressed and dismissed in a separate court ruling.

Chhabria stated that although Apple claims that they were not legally obligated to take further action to prevent the use of AirTags by stalkers, it is too soon to make a definite conclusion.

In the ruling, Chhabria presented arguments from both Apple and the plaintiffs. These arguments included testimonies from three victims who claimed to have been stalked by ex-partners or other individuals using AirTags that were attached to their vehicles, causing emotional and potentially financial damage.

According to the ruling on Friday, each of these situations deals with claimed issues of AirTags that made it more difficult for the individuals to comprehend the tracking and promptly put an end to it. These include unclear or delayed notifications, as well as a supposed inability to remotely disable the devices, which extended the occurrence of stalking.

Gillian L. Wade, a lawyer representing the complainants, expressed gratitude for being able to move forward with this crucial legal action in an email to The Associated Press. As tracking people’s locations in an invasive and hazardous manner becomes increasingly prevalent, it is essential that we do everything in our power to stand up for the victims and advocate for accountability and reform.

The company, Apple, and their lawyers located in California have not yet replied to inquiries for statements on Tuesday.

In February 2022, Apple made a statement denouncing any harmful use of their products, months before the class action was filed. The statement also mentioned forthcoming updates that would enhance safety.

In the past year, Apple and Google joined together to propose standards for countering secret surveillance on devices like AirTags.

Source: wral.com