Apple Beats California Privacy Law Claims in Data Tracking Suit

Apple Inc. defeated claims that it violated California privacy law when it allegedly collected user data from its in-house apps, such as the App Store or Apple Music, despite users believing they opted out of collection.

Judge Edward J. Davila on Tuesday granted Apple’s motion to dismiss parts of a privacy class action that alleged violations of California’s Invasion of Privacy Act, the California Constitution, the state’s unfair competition law, breach of implied contract, and the Pennsylvania Wiretapping and Electronic Surveillance Control Act.

Davila, who sits on the US District Court for the Northern District of California, said he would give the plaintiffs one final opportunity to amend and refile their complaint “out of an abundance of caution.”

“It is doubtful whether Plaintiffs can sufficiently plead their dismissed claims given the deficiencies addressed in this Order,” he said.

The plaintiffs in 2024 already advanced other claims in their suit that allege violations of Illinois, New Jersey, and New York consumer protection law, breach of express contract, and unjust enrichment.

The plaintiffs seek to represent a class of users who disabled data collection in the “Share Device Analytics” setting on their iPhone or iPad.

The lawsuit alleges Apple misled users into believing that disabling data collection settings would prevent Apple’s proprietary, in-house apps from collecting data on their personal information and app activity. Apple continued the collection, the suit alleged.

Lynch Carpenter LLP and Bursor & Fisher PA represent the plaintiffs. Covington & Burling LLP represent Apple.

The case is In Re : Apple Data Priv. Litig., N.D. Cal., No. 5:22-cv-07069, 1/20/26.