Judge denies Apple’s attempt to dismiss a class-action lawsuit over AirTag stalking

Apple AirTag 4-Pack
A judge has denied Apple’s motion to dismiss a class-action lawsuit claiming that Apple hasn’t done enough to prevent stalkers from using its AirTag devices to track victims.
Wyatte Grantham-Philips for Associated Press:
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In December 2022, Apple was sued by dozens of plaintiffs who said they were stalked by AirTag users. They alleged that Apple failed to mitigate such dangers and should have done more to protect victims — claiming AirTags “revolutionized the scope, breadth, and ease of location-based stalking” and that current safety features are inadequate.
Apple attempted to dismiss the litigation in a filing last year, arguing the company “took proactive steps to try to deter misuse” and that it should not bear liability for injuries caused by third parties. But San Francisco-based U.S. District Judge Vince Chhabria dismissed that motion on Friday.
Chhabria ruled that, while most of the class-action plaintiffs’ claims were “inadequately pled,” three can proceed for negligence and strict product liability under California law. The remaining claims were dismissed in a separate order.
“Apple may ultimately be right that California law did not require it to do more to diminish the ability of stalkers to use AirTags effectively, but that determination cannot be made at this early stage,” Chhabria wrote.

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MacDailyNews Take: Apple’s AirTag includes features to guard against unwanted tracking which you won’t get that from any other item tracker.
With any other tracker, you would be tracked for as long as the tracker remains functional without notification.
Apple AirTags are the most anti-stalking, pro-privacy, and safest trackers on the market.
Obviously, AirTags should not be used to track people without their knowledge, and should not be used to track property that does not belong to you. Using these products to track people without their consent is a crime in many countries and regions around the world. If an AirTag, set of AirPods, or Find My network accessory is discovered to be unlawfully tracking a person, law enforcement can request any available information from Apple to support their investigation.
If any AirTag, AirPods, or other Find My network accessory separated from its owner is seen moving with you over time, you’ll be notified in one of two ways. These features were created specifically to discourage people from trying to track you without your knowledge.

If you have an iPhone, iPad, or iPod touch, Find My will send a notification to your Apple device. This feature is available on iOS or iPadOS 14.5 or later. To receive alerts, make sure that you:
• Go to Settings > Privacy > Location Services, and turn Location Services on.
• Go to Settings > Privacy > Location Services > System Services. Turn Find My iPhone on.
• Go to Settings > Privacy > Location Services > System Services. Turn Significant Locations on to be notified when you arrive at a significant location, such as your home.
• Go to Settings > Bluetooth, and turn Bluetooth on.
• Go to the Find My app, tap the Me tab, and turn Tracking Notifications on.
• Turn off airplane mode. If your device is in airplane mode, you won’t receive tracking notifications.

An AirTag, AirPods Pro (2nd generation) charging case, or Find My network accessory that isn’t with its owner for a period of time will emit a sound when it’s moved.

If you’re stuck with a Android device, you can download Apple’s Tracker Detect app from the Google Play Store. Tracker Detect looks for item trackers within Bluetooth range that are separated from their owner and that are compatible with Apple’s Find My network. These include AirTag and compatible item trackers that use the Find My network. If you think someone is using an AirTag or another item tracker to track your location, you can use the Tracker Detect app’s scan feature to try to find it. If the app detects an AirTag or compatible item tracker near you for at least 10 minutes, you can play a sound to help find it.
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