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Apple Argues Suit Over IPhone Data Fails to Show Harm

March 1 (Bloomberg) -- Apple Inc., attempting to block a group lawsuit alleging it collected data from millions of customers’ mobile devices while they used applications approved by the company, said plaintiffs failed to prove their claims.

Lawyers for the customers asked U.S. District Judge Lucy Koh at a hearing yesterday in San Jose, California, to designate the suit a class action. Apple argues the request should be denied because plaintiffs haven’t shown that any users had personal information collected by the free apps without their consent, and as a result, can’t show they suffered any harm, according to a court filing.

The customers’ attorneys have abandoned their damages claims because they can’t prove any injury, and are proceeding with the class-action request “in a desperate attempt” to recover fees, Apple argued in the filing.

The customers alleged in the complaint that Cupertino, California-based Apple collected data on their geographical locations through applications on mobile devices including iPhones and iPads even after they said they didn’t want to share the information.

The case is In re Apple Inc. iPhone/iPad Application Consumer Privacy Litigation, 11-md-02250, U.S. District Court, Northern District of California (San Jose).

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

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