Apple has failed to dismiss a lawsuit alleging its AirTag devices help stalkers track victims.
US District Judge Vince Chhabria ruled the three plaintiffs in the suit made sufficient claims for negligence and product liability. Other claims were dismissed.
Around three dozen individuals alleged Apple was warned of risks the AirTags posed, and argued the company could be legally blamed when these devices are used for misconduct.
Three claims that survived saw plaintiffs “allege that, when they were stalked, the problems with the AirTag’s safety features were substantial, and that those safety defects caused their injuries.”
Apple argued the AirTags were designed with “industry-first” safety measures, and they shouldn’t be held responsible for misuse.
“Apple may ultimately be right that California law did not require it to do more to diminish the ability of stalkers to use AirTags effectively, but that determination cannot be made at this early stage,” the district judge said.
Apple has been accused of negligence after it released the AirTag despite warnings it would be repurposed for surveillance.
The complaint read, “With a price point of just $29 it has become the weapon of choice of stalkers and abusers.”
Apple AirTags cost A$49.00 in Australia.
A feature was developed by the company which alerts users when an AirTag could be tracking them, but according to the lawsuit, this, along with other safety measures aren’t enough.
Tile Inc. is also facing similar allegations, saying its tracking devices connected to Amazon’s Bluetooth network, lack adequate protection against stalking.