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<i>Online Extra</i> Koh Drops Ax on Privacy Claims Against Apple

By Julia Love
November 27, 2013

A federal judge has disposed of one of the most mature privacy class actions filed against a Silicon Valley company, concluding that plaintiffs' claims against Apple Inc. were doomed by their ignorance of its policies.

In an order issued on Nov. 25, U.S. District Judge Lucy Koh granted Apple's motion for summary judgment that plaintiffs lack standing and failed to turn up facts to support claims they filed under California's Unfair Competition Law and Consumer Legal Remedies Act. Represented by New York-based KamberLaw, the plaintiffs accused Apple of allowing apps to harvest personal information from iPhone, iPad and iPod Touch users and tracking their locations. They claimed they would not have paid so much for their Apple products if they had known how much information the company was collecting.

But Apple's lawyers at Gibson Dunn & Crutcher challenged whether consumers take privacy concerns into account as they decide which products to buy. Koh stressed that plaintiffs could not have been harmed by Apple's statements about privacy unless they relied on them.

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