Class Action Lawsuits? There’s an app for that.

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A California court has approved a nationwide class action lawsuit against Apple, based on claims that the device has tracked user location and movements without their consent. This is the same claim that was dismissed once, with leave to amend (see App Law: Update on Privacy). The plaintiffs amended and came back for round two. In a partial win for Apple, the privacy claims were dismissed. However, the remainder of the claims have been permitted to proceed. Apple’s defence is that its terms of service and user agreements will provide cover. The court has indicated that there is some ambiguity about whether the terms cover the scope of information that was collected.

For Apple’s lawyers, this is not a new phenomenon. These lawsuits are also in the works:

However, the user-tracking lawsuit looks like the most interesting of the bunch, and may put Apple’s app store terms and conditions to the test.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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