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Apple customers file a class action suit regarding location tracking

Posted: , by Ken N.

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Apple customers file a class action suit regarding location tracking
While we love our technology, there's inevitably something about it that scares us. It used to be an apocalyptic Y2K glitch, and now it's privacy. But, as we've learned, the privacy issue is more realistic. In the latest consumer scare, Apple customers have been informed that their locations are being tracked by a sneaky tracking file.

And some opportunistic Apple customers have already filed a class action suit. We're not saying that Apple shouldn't be held accountable for their potential breach of consumer privacy/trust, but the plaintiffs have really jumped the gun.

Vikram Ajjampur and William Devito filed the suit on April 22nd. Had they waited until a formal investigation had been carried out, their claim might look more justified. But it instead looks like an opportunistically litigious knee-jerk response.

Apple is very good about covering its bases in Terms of Service and Software License Agreements. But we don't know how regulators will feel about this. What do you think? Do you even care if Apple tracks your location without 'proper' notice?

source: MobileCrunch

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posted on 26 Apr 2011, 13:42 1

1. jbash (Posts: 339; Member since: 07 Feb 2011)


it was inevitable

posted on 26 Apr 2011, 14:29 4

10. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


This is exactly what I said would happen. Google has no problem, because they are upfront. Steve Jobs the other day said Apple doesn’t do this. Blaming everyone but himself. Not only did he lie, but now there is a lawsuit. Apple is an arrogant company with an arrogant CEO. They should have owned up and said we will correct this instead of spitting on their customers face. Since they didn’t do the right thing, Apple had this coming & I hope they get their just desserts! Now do you iPhone/Apple fan boys see the difference between Google who is upfront and honest, & Apple who doesn’t give a rats ass about their customers. Are you STILL going to defend Apple as they take advantage/violate your rights. Android just keeps looking better, while Apple looks to be self destructing. Apple should know that not all their customers are brainless as they make them out to be! I am so glad I got rid of my wife’s iPhone 4, & so is she! Now I wonder if I can get a piece of that class action lawsuit. Let me look into that…..

posted on 26 Apr 2011, 19:49 3

34. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)


i believe there was a report that it was a bug in the filesystem that did this... honestly why wud anyone want the location? And when did google exactly say they tracked people... you dont seem to supply that info do u? And as all you android people happily say in the post about the dog fighting app or whatever, it is an open market... apple is allowed to be a part of this phone market and they obviously are doing well... who r u to say they are not thinking about their customers and that they are brainless when they are obviously doing better then any other phone maker ever could..

posted on 26 Apr 2011, 21:49 2

40. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


@Lucas777
I can tell you don't have an Android phone. 1. Google always asks if you would like to be tracked or not when an app has that ability. Apple does no such thing. 2. Android is open source, meaning anyone can make an app & put it on the Android Market. Apple is not that way, you need to jump through hoops to get an app on the App Store. Apple doesn't care for it's customers because they track you with out telling you. That is dirty & that is why there is a lawsiut filed against Apple. People could want the location for many reasons. I don't think I need to spell it out for you, but they can be some sinister reasons why anyone would want that information. So your comment is a little empty, I just don't get where you are going with it.

posted on 27 Apr 2011, 22:20 1

48. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)


actually, i did have an android phone. and yes, it asked if it could use ur location, but it never told me it was tracking me on a general basis. and, i never said anything about the app store i said the phone market in general. u said apple doesnt do this and that and i said if they didnt, why wud they sell so much?

posted on 26 Apr 2011, 13:46 1

2. tragichero (Posts: 163; Member since: 07 Jan 2011)


YEAH WE CARE PA!!!! YOUR NOT GOING TO CONVINCE US APPLE SHOULD BE OFF THE HOOK ON THIS ONE! AL FRANKIN FTW

posted on 26 Apr 2011, 13:48 3

3. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


They have nothing to lose, and probably hope to get money out of this, lol. I bet those users have not even read the agreement when they bought their iphones, lol.

posted on 26 Apr 2011, 13:49

4. any1 (unregistered)


does anyone else already have the feeling that the articles pertaining to the location logging are just kicking a dead horse?

It must be a slow day in the PA office lol

posted on 26 Apr 2011, 13:50

5. msa1988 (Posts: 417; Member since: 30 Mar 2010)


Seems like it was. These guys will get paid off for the lawsuit and everything will be dandy...

posted on 26 Apr 2011, 14:23

9. iwebdroidberry7 (Posts: 230; Member since: 17 Jan 2011)


No they wont. And if Apple does lose then Google, and every other carrier better get ready for it too.

posted on 26 Apr 2011, 14:50 5

12. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


I agree. That's what android fanboys don't see and realize. Opportunists are not exclusive to iOS users. It won't take long until some android users would file one against google, thinking that they might get some $$$.

posted on 26 Apr 2011, 15:28 4

17. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


530gemini, you are such a hopeless cause. Everything to you is an argument. You are a special cause! I am going to be the first to file against Google. LMAO. So you are saying that Apple iPhone users are opportunists & greedy, thinking that they might get some $$$. Wow now iSheepers now attack themselves!!! LOL How ironic! LOL Just like Steve Jobs trying to take the attention of Apple & getting Android involved. Google asks you if you would like to be tracked so I doubt there will be a class action lawsuit! Sorry buddy no such luck!

posted on 26 Apr 2011, 16:35 4

24. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Did I say that you're an opportunist? Are all android users non-opportunists? Did I say all iOS users are opportunists? Even this article referred to these users as opportunists. Didn't you read the agreement when a user purchases an idevice about tracking? I suggest you should. Can you guarantee that there will be no class action against google for the same issue?

posted on 26 Apr 2011, 16:16 1

22. remixfa (Posts: 13902; Member since: 19 Dec 2008)


530, unless you can prove beyond a doubt that Android still tracks even if you tell it not to, then you cant sue google. They make you "OK" a dozen different tracking things by the time you turn on the phone n use GPS.

And thats the difference. The iPhone DOESNT.. it just tracks everything you do.. oh and takes your picture.

posted on 26 Apr 2011, 16:30 4

23. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Try common sense. Unless you know for a fact that google does not. And what would you say later when an article is released that they're doing worse than merely tracking?

posted on 26 Apr 2011, 16:57 2

27. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@remix. Don't throw a rock to a glass house when you live in one as well.

posted on 26 Apr 2011, 19:14 1

30. ihatefanboys (unregistered)


530 Just so you know I sell both the Iphone and Android devices and when you set up the Android devices it does ask if you want Google to track the phone though the GPS... and I like the iphone! Sorry to prove you wrong. Have a nice day

posted on 26 Apr 2011, 19:23 2

31. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Well android devices track and actually gather data from unaware users as well. Here's the article,

http://www.bgr.com/2011/04/22/android-gathering-location-data-too-researcher-develops-harvesting-too l/

posted on 26 Apr 2011, 23:19 2

43. Whateverman (Posts: 3187; Member since: 17 May 2009)


Even in the article you provided, it says the info is "pruned" when there is a new location. And still we have the ability to turn the GPS off, so you are no longer tracked. How do you turn off the GPS on your iPhone?

posted on 26 Apr 2011, 13:55

6. Bulletshifttsi (Posts: 11; Member since: 22 Apr 2011)


I personally like to hear about this kind of thing. In the last post about this i asked if any one is gonna sue over this kind of invasion. But PA makes a good point about reading the terms of service and software license agreements. Big Corps. shouldn't be able to just slide by like this. We can't lay down and take them slowly taking away all of our freedoms.

So thanks PA for keeping at least me up to date on this on going story. I check back on this site every hour so its always nice just to see fresh content.

posted on 26 Apr 2011, 14:11

7. Whateverman (Posts: 3187; Member since: 17 May 2009)


Yeah, I think they should have waited a few weeks to see what the outcome would be. Jobs always makes some stupid comment that fans the fire of any issue with his devices, but give the company time to come up with a plan. So far there hasn't been anyone harmed by the data in those logs, so give them a chance to corrected it and keep an eye on your phone.

posted on 26 Apr 2011, 14:11 1

8. TheFunnyMan (Posts: 77; Member since: 26 Jan 2011)


"Do you even care if Apple tracks your location without 'proper' notice?" What kind of question is this? Its like asking me if I care about my identity being stolen and my bank account drained.

Of course we care. While the concept of privacy is not protected or even guarenteed by any laws to date, its still a basic human right. We should have the ability to fall off the grid at any time. Apple doesn't need to know where I am every waking moment of the day. Neither does Google, for that matter. Stop producing devices that report my information, be it location or personal data, to other people that are then sold to the highest bidder.

Perhaps, if Apple gets skinned in the lawsuit, things will change. I doubt it, though, as there is too much money involved in gathering information.

posted on 26 Apr 2011, 14:42 1

11. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


I know what you mean, who wouldn’t care about that? If you have anything to lose then yes you care. All the points you make are valid. Only a homeless person would not care if they were being tracked! That is such a stupid question! Why even waste your time in even typing that question phonearena? I as a parent, business man, & homeowner care immensely! Only a teen would not care about something like that. Imagine what damage can be cause just by being tracked unjustly without ever knowing. It’s such a big can of worms that has been opened, that I hope the correct thing gets done from here on out. People should know & THAT type of information should never be left out of the customer hindsight!

posted on 26 Apr 2011, 15:09 4

14. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


It's a valid question. Also, that log does not even go to Apple. It stays on your phone and your computer. So no identity has been stolen or bank account drained. My goodness, non-iphone users are acting like they have been sooooooo affected by this. Like they're not being tracked by google, lol.

How can you say that privacy is not protected when that log stays on your phone and your computer, in the privacy of your home and your possession? It's not like Apple posts that log onto a public website. Again, the exagerration from non-iphone users.

Android users are such DRAMA QUEENS, hahahahaha.

posted on 26 Apr 2011, 15:21 3

16. TheFunnyMan (Posts: 77; Member since: 26 Jan 2011)


@530gemini:

Don't misunderstand me here, I know Google tracks that information. They told us they did when I bought the phone. Luckily for me, Google kept their software open source, so I can control what and when information is being gathered.

From personal experience, I CAN tell you that, while Apple may not ever see that information, there are a lot of people that can. Police agencies and the DOHS, for instance. And to be honest with you, they don't need to know where I am and what I am doing. Big Brother can screw himself, until its obedience or death.

Don't downplay this issue. Apple, a huge, mulitibillion dollar corporation, lied to millions of customers by denying that their devices track you. They clearly do, and that is not something that I would be alright with. These days, information is availible to the highest bidder, and money is ALWAYS going to talk.

posted on 26 Apr 2011, 16:43 4

25. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


There's already an article that came out stating that google does track it's users without users knowing as well. Go to BGR.

And why would DOHS or the police check on me. And the authorities already have tracking capabilities even before the iphone came out. You didn't know that? They can even tap on a call if they wanted to. And again, the data is not sent over to big brother, so what tracking are you talking about? Also, do you even own an iphone? Probably not.

I use gps, and other location based services apps regularly using my iphone, and I am sure I am not the only one. Don't you think it's stupid for users to be REGULARLY using apps with tracking features and then complain that they're being tracked? Lol.

posted on 26 Apr 2011, 15:40 4

20. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


Dude you sound like such a kid. "Android users are such DRAMA QUEENS, hahahahaha." Really? Once you get out of your parents house you will see what it is like to be an adult, to have bills, not cell phone bills (if you even pay yours), a mortgage & so on. This is the truth & sometimes the truth hurts. You need to grow up & stop this crazy talk. You sound immature & very weak. Apple is wrong & as a person you should be able to see this, & admit this. All OS's gather, but some are upfront (Google) & others are not (Apple). DO YOU GET THIS. IT'S NOT ROCKET SCIENCE! LOL Dude how is your blood pressure? Every time you type it's an argumentative post. Just give it up & say Apple is wrong. Or you can just say my bad! LOL 

posted on 26 Apr 2011, 16:49 4

26. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Ummmm, see how wrong you are with your assumptions.

I am an independent person. I have my own condo and my own car and I make a lot of money. So where did that "once you get out of your parents house" line come from?

Again, I am not saying that there's no concern here, because THERE IS. But I don't understand the overreaction from android users as if they've been victimized by Apple or something.

What you android users are doing are pouring gas to a supposedly small fire, hoping that small fire will turn into a big one. So don't play innocent with me mister. There's no reason for android users to act so alarmed on something that does not affect you at all.

posted on 26 Apr 2011, 17:35 2

28. LionStone (Posts: 444; Member since: 10 Dec 2010)


He probably made those assumptions from your immature statements...
Oh, so you agree that there is concern here? Wow, never thought we'd see the day.
The one thing I dont think you realize or care to admit is the "way" Google tracks and gives the user an option and that Apple doesn't. Haven't you heard Droid Does? :)
Bottom line, it doesn't matter if anyone has been harmed, yet. It doesn't matter except for the one issue of having that option. I predict that soon Apple will have to change things around a bit.

So don't act coy with us buster ;) It's the ones filing lawsuits that are being alarmed! We're mostly just saying, Hey that's F'd up, stop it!

posted on 26 Apr 2011, 19:33 3

33. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Regardless, you do not make specif assumptions like that. Also, what's more immature are android users flocking into iOS issues as if it affects them when it has nothing to do with them at all.

I've always agreed that the log has to be purged. What I am puzzled with are reactions from android users like they're ready to call this a state of emergency or something. Like this is like a tsunami alert or something.

The log stays with the users. It does not get sent to Apple and posted to facebook or twitter for everyone to see. So stop overreacting on a very low rish concern. And don't be silly in actually believing that these users participated in this class suit out of their genuine concern for this matter and not because they're hoping to get some money. Puhlease.

posted on 26 Apr 2011, 22:03 3

41. SuperAndroidEvo (Posts: 3759; Member since: 15 Apr 2011)


I say these things to you, because of how you handle your self. As an adult reading your post, you sound like a little child. A child that always makes a scene at the store or the restaurant. I have never read a post of yours that is in a adult manner. Your posts always have a hahahaha, or a :) or some other for example DRAMA QUEENS that make me question your age. It's all belittling of an adult who owns a condo, car, & makes a lot of money. An adult would never post anything on how much they make. It's an unspoken rule in the working world. Things like that for instance make me question you.

posted on 26 Apr 2011, 15:00 1

13. andro (unregistered)


The only people who believes Steve Jobs stupid statement about the tracking is his islave fans,they after all sucking down his advice about holding the iphone 4 differently like its was bible.

Good to see apple getting sued for once and get a taste of their own rotten tasting apple(s)

posted on 26 Apr 2011, 15:17 1

15. Ed (unregistered)


i personally don't care for all things Apple...but this is just nuts. I am so anoyed by opportunistic people like this. In the end, abusers will pay big time. I believe in karma...and it will come back to haunt them. Either they will OD on drugs that they buy with all the money they receive from Apple...or perhaps it will be family. I really feel sorry for them. No worse than stealing. I wish them a healthy life.

posted on 26 Apr 2011, 15:36 1

18. Rawrzellers (Posts: 224; Member since: 22 Aug 2010)


Honestly I'd figure iSheep were dumb but I didn't know they were dumb enough to file a class action law suit... seriously they won't get any money out of this, the only person that will make a really nice chunk of cash is the lawyer spear heading the case.

posted on 26 Apr 2011, 15:37 1

19. maurice (unregistered)


People like that make me sick mother Fu**ers

posted on 26 Apr 2011, 15:49 1

21. IOS5 (unregistered)


Indian ppl sue Apple mmmm looking for $$$

posted on 26 Apr 2011, 17:36 1

29. shimmyx20 (Posts: 280; Member since: 03 Mar 2009)


This will go nowhere. They agreed to be "tracked"
from the iPhone 4 SLA:
IMPORTANT: BY USING YOUR iPHONE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING APPLE AND THIRD PARTY TERMS:
By using any location-based services on your iPhone, you agree and consent to Apple’s and its partners’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting on your iPhone and either turning off the global Location Services setting or turning off the individual location settings of each location-aware application on your iPhone.

From iTunes/App Store TOS:
We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an Apple product is used so that we can better understand customer behavior and improve our products, services, and advertising.

Google is a lot more upfront about this, which I appreciate. Apple's way of going about this was very sneaky, but there's no grounds for a lawsuit

posted on 26 Apr 2011, 20:52 2

36. Sniggly (Posts: 6697; Member since: 05 Dec 2009)


Except this log, which DOES get sent to Apple (albeit after being anonymized) *glares at Gemini and dares him to contradict me* can not be disabled or discontinued by shutting off location services. So no, it's not in the terms of service.

posted on 26 Apr 2011, 19:26

32. iHateCrapple (Posts: 734; Member since: 12 Feb 2010)


Yea, thats nice and all....but isn't the whole point of everyone getting up in arms is because it tracks you even if the location setting is turned to "off"?

posted on 26 Apr 2011, 20:02

35. Droid_X_Doug (Posts: 5534; Member since: 22 Dec 2010)


Notwithstanding Steve's denial, Apple has some exposure due to iOS doing the tracking without telling the user. Good luck trying to hide behind the EULA. Unless the EULA specifically says that Apple software tracks user location data and the historical file is maintained unencrypted on the device as well as any PC that the device is backed up to, there is no waiver. Even with a contractual waiver (EULA), if a section of the EULA conflicts with a state or federal privacy law, the law generally is superior to the EULA.

Magic 8 Ball says that iTracker function will be changed to allow end user to opt out. It is just a question of how long before the change is made.

posted on 26 Apr 2011, 20:59 1

37. Sniggly (Posts: 6697; Member since: 05 Dec 2009)


Sadly, even if the courts decide in favor of the consumers, they will still lose. Class action lawsuits rarely result in any physical gain for those participating and have sometimes resulted in people paying more than they did before. Lawyers are the only ones who really see any paydays. It MAY, like the ETF lawsuits of a few years ago, result in a change of policy for Apple though, which is all that can be hoped for. But it will be a long time coming; we'll probably be looking at years before a final, non appealable decision is made..

Note to people of the world: lawsuits are inefficient and make you look like a douche unless you were sued first.

Final thought: it's still funny as hell that one of the most sue happy companies in the smartphone business is getting sued themselves, over something they could have easily avoided.

posted on 27 Apr 2011, 00:14 2

44. applelover (unregistered)


i honestly dont give two fucks if my location is tracked. k have a dandy day :)

posted on 27 Apr 2011, 00:42 1

46. Sniggly (Posts: 6697; Member since: 05 Dec 2009)


You too. Keep an ear out for the next piece of fucked up ness from Apple while you're at it. :)

posted on 27 Apr 2011, 00:19

45. zackh121556 (unregistered)


wow, so the apple children are doing what their role model phone makers are doing to all the other makers lol

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