Apple Inc. won its bid to dismiss a privacy lawsuit alleging the company improperly collected and shared customers’ personal information.
U.S. District Judge Lucy H. Koh in San Jose, California, found that the consumers who sued didn’t adequately show how they were injured by relying on Cupertino, California-based Apple’s privacy policies for applications on smartphones and tablets.
To prevail, the plaintiffs had to show specifically how they “actually relied on Apple’s misrepresentations and suffered economic injury as a result,” the judge said.
They “failed to establish a genuine issue of material fact concerning actual reliance,” Koh wrote in a ruling issued Nov. 25. She said that while the plaintiffs provided evidence that supported their claims, they also made contradictory statements in depositions that undermined their case.
The ruling in the Apple case follows last month’s dismissal by a federal judge in Delaware of a lawsuit alleging that Google Inc. violated computer users’ rights by slipping electronic “cookies” into their Web browsers to facilitate placement of advertising. This month, Google reached a $17 million settlement with 37 U.S. states over its circumvention of privacy settings for some Internet users.
Koh is also presiding over privacy cases filed against Google, Yahoo! Inc. and LinkedIn Corp.
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).