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  • First Locationgate Federal Suit Filed


    Bloomberg is reporting the first Federal Lawsuit has been filed against Apple pertaining to the iSpy/Locationgate/other-generic-name scandal.

    The suit was filed April 22 in Tampa, Florida, at a federal court by Vikram Ajjampur, a Florida based iphone user, and William Devito, a New York based iPad customer. The two men filed suit hoping to have a judge bar the alleged data collection by Apple.

    The complaint is filled with familiar claims regarding location based data collection, that until recently, has occurred unbeknownst to iOS users. The two men wish to represent the U.S. customers whose iOS devices are allegedly collecting their location data. Also, the two men are seeking refunds claiming they would not have purchased the phones if they had known about the data collection.

    “We take issue specifically with the notion that Apple is now basically tracking people everywhere they go,” Aaron Mayer, an attorney for the plaintiffs, said today in a telephone interview with Bloomberg. “If you are a federal marshal you have to have a warrant to do this kind of thing, and Apple is doing it without one.”
    The question still remains though: Who is going to serve Steve Jobs his "notice of suit" legal papers. Or who even gets served those papers? If it is in fact Jobs, how does one go about getting him to confirm his identity before servicing said papers?

    Sources: Bloomberg
    This article was originally published in forum thread: First Locationgate Federal Suit Filed started by Phillip Swanson View original post
    Comments 84 Comments
    1. z3r01's Avatar
      z3r01 -
      Should we also file a suit on phonebooks for knowing where I live?becausw OMG thats public information
    1. Nickaroni22's Avatar
      Nickaroni22 -
      This is a joke! People with nothing else better to do but sue over sometimes so dumb.
    1. ivanmack's Avatar
      ivanmack -
      Matter of fact is someone is tracking you. Now this may not harm me yet, but devices like this in future may be abused by someone! ATT & any other provider collects the data but that data is accessible only with a Warrant, while the iphone data file is on the actual phone and it may be abused in many ways, lost phone, data backups, exploits etc etc...

      It's not about if its tracking your bathroom brakes or mc donalds drive trough food pickup, its about privacy and how little we have it now.

      I really hope they WIN! Heck it will be a perfect example to the big corporations what they can and can't.
    1. atm_10142k's Avatar
      atm_10142k -
      Quote Originally Posted by unison999 View Post
      The fact that I used the program and was able to track my movements each single day proves that the claim is legit, I do not need someone else to come and tell me that "locationgate" is not happening when I see proof that it is.

      Than is used when you want to use to compare things.

      Do you think a lawyer is standing behind every programmer and asking questions about what codes they are writing? The fact that Jobs denies that this is happening shows lawyers they hire have no control at Apple, if lawyer was in control Jobs should just put a word out saying Apple do not have any comment on this matter or it will be address at a later date.
      yes i do think so. I have read that the location stored can be off by a couple hundred feet. It does not record who is the person and then just as you have proven only you know where you been. You have your phone, no one else so only you know.
    1. quidam_brujah's Avatar
      quidam_brujah -
      Quote Originally Posted by Phillip Swanson View Post

      Bloomberg is reporting the first Federal Lawsuit has been filed against Apple pertaining to the iSpy/Locationgate/other-generic-name scandal.
      ...
      The two men wish to represent the U.S. customers whose iOS devices are allegedly collecting their location data.
      for a nominal fee...

      Also, the two men are seeking refunds claiming they would not have purchased the phones if they had known about the data collection.
      Seriously?

      The question still remains though: Who is going to serve Steve Jobs his "notice of suit" legal papers. Or who even gets served those papers?
      Uhh... just going out on a limb here, mind you... but, I'm pretty sure that answer to the question of 'who gets served' is determined by the names listed under 'defendant'. I'm not sure why this is written as if there is some kind of salaciousness to this: Jobs & Apple get sued all the time. I'd be willing to bet that process servers just make an appointment -- it's not like they would have to track him down and ambush him.

      If it is in fact Jobs, how does one go about getting him to confirm his identity before servicing said papers?

      Sources: Bloomberg
      OH FOR CRYIN' OUT LOUD! Are you kidding me?!?!

      'I hear that aint neither Obama or Jobs is citizens'

      I'm thinking that you ask him if he is 'Steve Jobs', he says 'yes', you hand him his papers -- toss in a gratuitous, 'You been served' -- fill out your 'proof of service' doc, turn it in and you're done.

      Here, maybe you can volunteer to help them out since you seem to be starstruck over this.

      Apologies for the extra helping of sarcasm but, I enjoy news without hyperbole. Anything more than that and I might as well be watching Fox or MSNBC.
    1. cpotoso's Avatar
      cpotoso -
      Good! Hopefully apple will be stuck paying some mega $$ to some lawyers. That will make sure other manufacturers (and apple) remove this non-sense tracking from my future devices. Good riddance!!!
    1. siacotos's Avatar
      siacotos -
      Its not that far off. What do you do when you are wrongfully accused of a crime just because you happened to be walking by.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by atm_10142k View Post
      Boy news must be slow these days. Who in the world came up with such lame a** name as "Locationgate". Everyone is jut throwing mud at Apple hoping something will stick. Apple has written a 13 page letter to congress last year explaining this very same issue. Everyone need to quit knee jerk action to this issue. People need to read up on the facts before jumping to conclusion. Apple is smarter then to do something that be an issue. They have attorneys that will let them know if there will be an issue with certain things. Everyone is trying to knock Apple of its perch.
      Since Apple reported on this matter last year as you say, they knew they stored info in unencrypted location they still have yet to fix it or even create an off button. It only makes Apple worst.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by bologna View Post
      Nothing bad may happen now, but it sets a bad precedent. Eventually, when all phones all over the world become smart phones with user tracking, the data could be used by rouge governments to track and punish dissidents, sometimes even killing them. Don't believe me? It already happened via Facebook and email with the recent middle east uprisings.

      So anyway, you were saying…?
      Thanks John Connors. Let me know when Skynet goes on line so I can "really" worry about this, but until then I'm just gonna laugh at how ridiculous people are being over where they've BEEN getting out. Not where they're at, but where they WERE. Unless you're worried about time traveling Terminators using the info to ambush you, you're nuts to care about this at all.
    1. baRRy boRRis's Avatar
      baRRy boRRis -
      What a pair of all-too-happy-to-sue douchebags.

      You can't sue against someone doing something that you read and CONFIRMED YOU READ in an app's terms and conditions.

      A list of mobile phone towers that you have been connected to in a text document that is updated every time you sync is HARDLY the same as someone tracking your current movements live as some people seem to think.

      It's weird how no-one cared about this 18 months ago :/

      ~

      Just reading through this thread is infuriating. The worst thing that can be done with your data is that some adverts on your phone are for your local [shop name] rather than the nationwide [shop name] or that it is shown where there isn't BUT SHOULD BE more mobile phone towers.
    1. iGrime's Avatar
      iGrime -
      This is pathetic, if people reed their iphone current "Terms & Conditions" they wouldn't get to this point.. People have to always be against it when they find something out.. You should be glad apple is seeding all this iphone users location data, maybe if 'The law" accepted this it would help with solving crime quicker and help founding lost sources quicker.. I think this is a good idea, at the end of the day what you got to hide "unless if you a CRIMINAL"? I got Nothin'!!! Now... Have you people who is trying to sue Apple?
    1. vavtnen's Avatar
      vavtnen -
      those defense this **** are the typical apple's fan boys that will take whatever ishit that apple put out.

      talk about terms and condition... if apple put in thier term and condution that they will come rape and then kill your family if you blindly click accept... does it mean that apple will do that? i think not because everyone know thats ILLEGAL. It is the same deal.

      Also, dont you still get charge 15% restocking fees when you return the iphone? Even if you dont agree to thier terms and conditions?

      It is not that no one care about this last year. It's just that not a lot if people know about this. Apple's fan boys really need to learn to use thier minds and make informed decisions.
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      Quote Originally Posted by whereswaldo View Post
      I don't see this going far. Apple will be the first to point out that they agreed to be tracked
      Rubbish.
      Never heard of something called an unfair contract ?
      FFS!

      Quote Originally Posted by fraggot View Post
      But ALL phones basically already do this on some level
      ... but the difference is that only the carriers have access to this info - which requires a court order to view.

      Ultimately, I support the Locationgate suit.
      Not because I give a ssh*t about tracking, but because of Apple's repeated arrogance : -
      "You're holding it the wrong way"
      "The iPad Wifi issue is a problem with your router"
      ... and a million little things they do that say "Screw you - we're Apple and accountable to no-one".
      Other than which, they're always suing someone else.
      Give them a dose of their own medicine.
      Sadly, they will remain as - if not more - arrogant than before the L-Gate judgment.

      But I do need a few extra bucks myself - anyone want to start a class-action suit ?

      Quote Originally Posted by tekwiz View Post
      "The complaint is filled with familiar claims regarding location based data collection, that until recently, has occurred unbeknownst to iOS users."

      Sigh This isn't new, was reported over a year ago, has been happening since 4.0 and has had a entire book written on the subject. Please copy your stories from more informed sources.
      I suggest you act on your own advice here and read the facts.
      The difference from a year ago is that with iOS 4.3, the info is user-accessible.
    1. iSteed's Avatar
      iSteed -
      I agree with everyone else that thinks this is joke... They wouldn't have purchased the iDevices if they had known?????.... yeah right!
    1. norfskate's Avatar
      norfskate -
      Quote Originally Posted by ash3s2012 View Post
      can i sue apple 2? I need some extra money lol
      +1

      :-)
    1. dacheungmeister's Avatar
      dacheungmeister -
      Lol it's probably in the license agreement and no one has ever read it cuz I mean who wastes an hour to read the entire thing
    1. gravion17's Avatar
      gravion17 -
      I guess they NEVER read the fine print...good luck with that guys!


      Sent from my iPhone using ModMyi
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      Quote Originally Posted by gravion17 View Post
      I guess they NEVER read the fine print...good luck with that guys!
      Makes no never mind in the eyes of the law.
      Unfair or unreasonable contracts are not binding - regardless of whether you read the smallprint.

      I can sign a contract with smallprint stating that Apple can do something perfectly legal but ethically unreasonable - and it ain't worth diddly-squat if it's ruled non-binding.

      So, no luck required.
    1. baRRy boRRis's Avatar
      baRRy boRRis -
      Quote Originally Posted by vavtnen View Post
      if apple put in thier term and condution that they will come rape and then kill your family if you blindly click accept... does it mean that apple will do that? i think not because everyone know thats ILLEGAL. It is the same deal.
      There you go . . . blindly accept.

      You are in the wrong for blindly accepting it, regardless of if you like what it is or not.

      Do you think that Apple are allowed to put something illegal into the Terms and Conditions of the world's most popular desktop media player?! No. No they aren't.

      I'm glad to be a 'fanboy' if that means that I'm not a narrow minded, 'trigger happy' mentally defective child like some people on this forum.

      "I'm suing Apple for perfectly legally storing a log on my computer of mobile phone towers I have connected to. They told me they were doing it and it might save my life when I'm kidnapped but I don't want them to know that I keep on using a mobile phone tower that's near my affair's house.

      I want a billion million $$$ for damages."

      Good luck with that
    1. Mes's Avatar
      Mes -
      Quote Originally Posted by baRRy boRRis View Post
      ...You are in the wrong for blindly accepting it...
      The courts have already ruled excessive long electronic contracts are questionable.

      Quote Originally Posted by baRRy boRRis View Post
      ..."I'm suing Apple for ...I want a billion million $$$ for damages."
      Believe it or not, some are not money grabbing scum-bags (haha). We're interested in consumer awareness, consumer choice, full disclosure, and stopping the hidden practices and care little about the money.