A second lawsuit accuses Apple of improperly collecting, sending analytics from iPhones

Another day, another lawsuit. Apple is facing another class action lawsuit over its practice of allegedly collecting and sending analytics data from iPhone users, regardless of whether or not the user gave consent, reports 9to5Mac. 

This lawsuit was filed last week in the Pennsylvania Eastern District Court, and it follows a separate class action suit filed in November.In November, 2022, Bloomberg Law reported that a new proposed federal class action alleged that Apple records users’ private activity on mobile applications without their consent and despite its privacy assurances in violation of the California Invasion of Privacy Act.

Elliot Libman charges in the lawsuit that Apple has assured users that they are in control of what information they share when they use mobile apps, but that those assurances are “utterly false.”

“Privacy is one of the main issues that Apple uses to set its products apart from competitors,” the lawsuit filed on Thursday said. “But Apple’s privacy guarantees are completely illusory.”

Apple’s iPhones and other devices contain settings that purport to disable all tracking and sharing of app information, but the tech giant continues to collect, track, and monetize their data even after consumers have chosen to disable sharing, per the lawsuit. The lawsuit notes that security company Mysk found that Apple’s analytics controls above and other privacy settings had no obvious effect  on Apple’s data collection—the tracking remained the same whether iPhone Analytics was switched on or off.

From the lawsuit: “Apple’s practices infringe upon consumers’ privacy; intentionally deceive consumers; give Apple and its employees power to learn intimate details about individuals’ lives, interests, and app usage; and make Apple a potential target for ‘one-stop shopping’ by any government, private, or criminal  actor who wants to undermine individuals’ privacy, security, or freedom. 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.”

The plaintiffs are seeking “Class certification, injunctive relief, compensatory damages, statutory damages, punitive damages, restitution, attorney’s fees and costs.”