Apple Restricted on Siri Trial Defenses for Deleting Recordings

A San Francisco federal judge barred Apple Inc. from making certain arguments defending against a proposed privacy class action, as punishment for deleting audio recordings of users’ interactions with its Siri voice assistant central to the allegations.

“It is undisputed that Apple did not suspend its retention policy after it was served and, thus, continued to delete ESI pursuant to its retention policy,” Magistrate Judge Sallie Kim of the US District Court for the Northern District of California wrote in an order Monday, referring to electronically stored information. “Instead, Apple argues that the documents deleted pursuant to its retention policy were not relevant. The Court disagrees.”

The sanctions preclude Apple from making any affirmative arguments based on the plaintiffs’ failures to draw evidence from the deleted data.

“For example, Apple cannot argue that named Plaintiffs lack standing to sue because they have no proof that they were subject to false triggers, cannot argue against class-wide damages based on the number of false recordings, and cannot argue against Apple’s intent based on the number of, and instances of repeated, false recordings,” Kim wrote.

Kim noted that Apple had the ability to separate the unintentional recordings and chose to fail to notify the court that it was deleting them.

Apple didn’t immediately respond to a request for comment.

The 2019 complaint alleged that Apple violated wiretap laws by intercepting, recording, and misusing private conversations of thousands of individuals without individuals intentionally triggering Siri. Plaintiffs alleged in March that Apple had deleted recordings pertaining to class members years after the litigation was initiated, “deliberately and intentionally” interfering with the case.

Kim ordered that a jury needs to determine whether Apple deleted the information intentionally and should therefore be subject to more severe sanctions.

Lexington Law Group LLP, Lowey Dannenberg PC, and Scott & Scott LLP represent the plaintiffs. DLA Piper LLP and Morrison & Foerster LLP represent Apple.

The case is Lopez v. Apple, Inc., N.D. Cal., No. 4:19-cv-04577, sanctions granted 6/17/24.