NEW YORK (Legal Newsline) – A big chunk of a proposed class action lawsuit against Apple over a security flaw that allowed Facetime calls to be accessed by third parties has been dismissed by a federal judge.
On Nov. 16, Judge Lorna Schofield of New York threw out the lawsuit’s claims for unjust enrichment and fraudulent misrepresentation while allowing claims under New York General Business Law to proceed, though they only will apply to New York residents.
Lawyers at Oved & Oved who filed the suit had not placed any geographical restrictions on their proposed class, but it looks like they will only be representing consumers in the Empire State.
Plaintiff Tigran Ohanian claims a “significant security flaw” in iOS software allowed iMessage correspondence and Facetime calls to be directed to and accessed by third parties. He also sued T-Mobile, which had an arbitration clause in its customer agreement.
The lawsuit failed to specify fraudulent conduct, Schofield ruled.
“The complaint points to a variety of statements by Apple from approximately 2011 through to 2017,” she wrote. “Except for a single statement on Apple’s website in September 2017, the complaint fails to allege where Apple’s statements were made and in what context (co-plaintiff Reggie Lopez) was exposed to the statements.
“The complaint also fails to state when Lopez purchased his iPhone and when he discovered the alleged fraud.”
Schofield is letting the lawyers try to amend their complaint.
“Plaintiff may decide not to replead, particularly as the NY GBL claims survive and he can recover only once for his injury, regardless of the claim,” she wrote.