Apple Hit With Class Action Alleging It Tracks Users Despite Privacy Assurances

Apple is facing a proposed federal class action alleging that it records users' mobile activity without their consent and despite privacy assurances, in violation of the California Invasion of Privacy Act, reports Bloomberg.

appleprivacyad cleaned
In a lawsuit filed by New York citizen and iPhone 13 owner Elliot Libman, Apple is accused of "utterly false" assurances that users are in control of what information they share when they use its stock iPhone apps.

Specifically, the class action claims that Apple mobile device options to disable the sharing of device analytics and opting out of settings such as "Allow Apps to Request to Track" do nothing to stop Apple from continuing to collect data relating to users' browsing and activity for monetization purposes. From the complaint:

Apple records, tracks, collects and monetizes analytics data—including browsing history and activity information — regardless of what safeguards or "privacy settings" consumers undertake to protect their privacy. Even when consumers follow Apple's own instructions and turn off "Allow Apps to Request to Track" and/or "Share [Device] Analytics" on their privacy controls, Apple nevertheless continues to record consumers' app usage, app browsing communications, and personal information in its proprietary Apple apps, including the App Store, Apple Music, Apple TV, Books, and Stocks.

To back up its allegations, the complaint cites a recent Gizmodo report covering the work of security researchers at the software company Mysk. Earlier this month, researchers Tommy Mysk and Talal Haj Bakry claimed to have found evidence that the analytics control and anti-tracking settings have no obvious effect on Apple's data collection in the above stock apps.

For example, according to the researchers, the App Store app continually harvested a wealth of usage data in real time, including user taps, apps searched for, viewed ads, and how long a user looks at any given app. Along with these details, Apple is also allegedly able to gather details typical of device fingerprinting methods, including ID numbers, device model, screen resolution, installed keyboard languages, and internet connection type.

In another example, the Mysk researchers said the Stocks app sent Apple a user's list of watched stocks, stocks viewed or searched for (including timestamps), as well as a record of news articles viewed in the app. This information was said to be sent to a web address via a transmission separate from the iCloud communication necessary to sync user data across devices.

"Opting-out or switching the personalization options off did not reduce the amount of detailed analytics that the app was sending," Mysk told Gizmodo. "I switched all the possible options off, namely personalized ads, personalized recommendations, and sharing usage data and analytics."

The researchers uncovered these findings using a jailbroken ‌iPhone‌ running iOS 14.6. Notably, while the team discovered similar ‌iPhone‌ activity on a non-jailbroken phone running iOS 16, the data was encrypted and it was therefore not possible to determine exactly what it contained. This limitation has not prevented the findings from instigating a lawsuit, however.

"Through its pervasive and unlawful data tracking and collection business, Apple knows even the most intimate and potentially embarrassing aspects of the user's app usage — regardless of whether the user accepts Apple's illusory offer to keep such activities private," reads the complaint. We've reached out to Apple for comment and will update this article if we hear back.

Top Rated Comments

wanha Avatar
11 months ago
Will be very interesting to see how this case unfolds.

If nothing else, we should get a lot more clarity on Apple's true practices on privacy and data collection.
Score: 39 Votes (Like | Disagree)
macsorcery Avatar
11 months ago
good. let's stop Meta's student before it surpasses the Master.
Score: 31 Votes (Like | Disagree)
Tofupunch Avatar
11 months ago
Wow. This could completely undo the trust people place in apple. Privacy is one of the biggest reasons why I continue to buy apple products. If the allegations are true, then they’re worse than Google and Amazon - at least they're upfront about the data they collect! ???
Score: 28 Votes (Like | Disagree)
MJaP Avatar
11 months ago
I always got the feeling that Apple were no more trustworthy as far as data COLLECTION was concerned than Google or Meta or any other technology behemoth. The only difference with Apple is they like to keep all that information (and the market power that comes with it) to themselves rather than sell it on to whoever waves a large sum of cash in front of them.
Score: 27 Votes (Like | Disagree)
july142 Avatar
11 months ago
I agree..... I don't want to be tracked apple, but I love your products...
Score: 20 Votes (Like | Disagree)
tufapshakur Avatar
11 months ago
Apple is transparent and honest and I trust them 100%. This kind of opportunism is intolerable.
Score: 19 Votes (Like | Disagree)

Popular Stories

Apple WWDC23 macOS Sonoma hero

macOS Sonoma Launching This Week With These New Features

Sunday September 24, 2023 12:45 pm PDT by
Apple previously announced that macOS Sonoma will be released this Tuesday, September 26. The free software update includes many new features and changes for the Mac, including the five that we have highlighted below. In addition to these five features, we have shared the full release notes for macOS Sonoma below for a complete overview of everything new. Desktop Widgets macOS Sonoma...
iPhone 16 Mock Header With Dynamic Island

Skipping the iPhone 15 Pro? Here's What's Rumored for iPhone 16 Pro

Friday September 22, 2023 9:29 am PDT by
Are you skipping the iPhone 15 Pro and waiting another year to upgrade? If so, we already have some iPhone 16 Pro rumors for you. Below, we recap new features rumored for the iPhone 16 Pro models so far:Larger displays: The iPhone 16 Pro and iPhone 16 Pro Max will be equipped with larger 6.3-inch and 6.9-inch displays, respectively, according to Ross Young, CEO of Display Supply Chain...
iPhone 16 Side Feature

iPhone 16 to Include an Additional Capacitive 'Capture' Button

Monday September 25, 2023 12:50 pm PDT by
The iPhone 16 series is expected to gain an additional capacitive button, known internally as the "Capture Button." Codenamed "Project Nova," the button is likely to be one of the main selling points of the iPhone 16 lineup, assuming it gets past the initial testing phase. The Capture Button is located on the same side as the Power button, only positioned slightly lower - where the mmWave cutout...
ipad mini blue

Apple to Launch iPad Mini 7 Later This Year, Industry Report Suggests

Monday September 25, 2023 3:16 am PDT by
Apple could be preparing to release a seventh-generation iPad mini before the end of the year, based on a new report by DigiTimes. In an article discussing stagnating global tablet demand in the second half of 2023, the Taiwan-based outlet forecasts an uptick in Apple's share of the market owing to orders for a "small-size" iPad in the fourth quarter. From the report (see bold): In the...