Lowey Dannenberg is currently representing consumers in a class action against Apple for allegedly unlawfully recording users through its Siri voice assistant. If you purchased any device with Siri installed on it: HomePod, iPhone, iPad, Mac, etc., you may be part of this case and have a claim. Contact us using the form below or by contacting Alesandra Greco at 914-733-7272 or agreco@lowey.com to learn more.

Case Summary

Siri allows individuals to use their voice to ask questions and receive answers based on information available on the internet and to give instructions for simple tasks that Siri executes. Apple pre-loads Siri on devices it manufactures, specifically laptops (MacBook), desktop computers (iMac), smartphones (iPhone), tablet computers (iPad), smart speakers (HomePod), music devices (iPod touch), headphones (AirPods), wearable devices (Apple Watch), and home entertainment devices (Apple TV) (collectively, “Siri Devices”).

On July 26, 2019, The Guardian published an article reporting that Apple had intercepted, through Siri, and disclosed private consumer conversations without any user consent. The article described instances where Siri was routinely triggered unintentionally and that a “small portion” of Siri recordings, both deliberate and accidental, were sent to third-party contractors for review. According to the article, these conversations sent to the third-party contractors encompassed confidential conversations such as “private discussions between doctors and patients, confidential business deals, and sexual encounters.”

On August 7, 2019, Plaintiffs filed a consumer class action claims against Apple for violation of federal and state privacy laws in the Northern District of California. The action Lopez et al. v. Apple Inc., No. 4:19-cv-04577-JSW (N.D. Cal.) was brought on behalf of Plaintiffs and similarly situated purchasers of Siri Devices. Plaintiffs brought claims under the Federal Wiretap Act, 18 U.S.C. § 2510 et seq. (“Wiretap Act”); the California Invasion of Privacy Act (“CIPA”); Cal. Penal Code § 632; intrusion upon seclusion; invasion of privacy under the California Constitution; breach of contract; the California Unfair Competition Law (“UCL”); and for declaratory and equitable relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq.

On September 2, 2021, Judge Jeffery White granted in parted and denied in part Apple’s Motion to Dismiss. Judge White held that Plaintiffs stated a claim under the Wiretap Act, CIPA, the California Constitution, breach of contract and declaratory judgment. The case remains on going. To learn more about the class action, a copy of the complaint filed in this action is available here: Filed Class Action Complaint