'The effects are devastating': Massive nationwide lawsuit against Apple claims AirTags have become stalkers' 'weapon of choice'

A lawsuit filed last December against Apple has morphed into a nationwide class action lawsuit which alleges that AirTags have "become the weapon of choice of stalkers and abusers" — "[w]ith a price point of just $29" — since the technology was introduced in 2021.

The first amended class action complaint, filed in California federal court on Oct. 6 behalf of numerous people across America, breaks down the subclasses into four categories: The "iOS Stalked Class," the iOS "At-Risk-Of-Stalking Class," the "Android Stalked Class," and the "Android At-Risk-Of-Stalking Class."

The lawsuit claimed that AirTags have facilitated tracking of victims who own Apple products and Google Android devices — sometimes with deadly consequences — despite the alleged representation by Apple that "stalker proof" protections were in place.

"Immediately after the AirTag's release, and consistently since, reports have proliferated of people finding AirTags placed in their purses, in or on their cars, and even sewn into the lining of their clothes, by stalkers in order to track their whereabouts," the lawsuit said. "The consequences have been as severe as possible: multiple murders have occurred in which the murderer used an AirTag to track the victim. Similarly, individuals have been murdered—or murdered others—when using AirTags to track down stolen property and confront the thieves."

One of the news stories that the lawsuit cited (see: footnote 93 on page 102 in the filing linked below) as an example of a person using an AirTag to track down and kill someone was an Indiana case covered by Law&Crime.

Gaylyn Morris was sentenced to prison as recently as September after tracking down her cheating boyfriend to a bar. At the scene, she confronted Andre Smith and another woman he was with before repeatedly running him over in the parking lot.

Smith's mother LaPrecia Sanders is one of the named plaintiffs in the class action (the suit referred to Smith's death as a "murder" but Morris was ultimately convicted of voluntary manslaughter since the crime was committed in a "sudden heat").

"Ms. Sanders feels incapable of happiness, and in general is beset by feelings of overwhelming despair," the suit said, noting that Andre Smith was survived by his 5-year-old daughter, brother, and a "large extended family."

"She experiences profound anger (she is never happy anymore), confusion, and bitterness. She took significant time off of work, feeling listless and lost. She can't interact with people the same way, and generally feels felt dissociated. Trust is harder. It's hard for her to care about anything – nothing matters anymore ('I used to be bubbly')," the lawsuit continued.

The plaintiff said that, given the way her son was killed, getting behind the wheel of a car "triggers her grief" and she "often has to pull her car over from crying."

The lawsuit also included several alleged examples of ex-husbands and ex-boyfriends stalking their ex-wives and ex-girlfriends — and at least one example of a Maryland doctor who was allegedly stalked by his ex-wife.

Lauren Hughes, the lead plaintiff, said she was stalked starting in August 2021 after she broke up with a man she dated for three months.

"Throughout September, the stalker's behavior escalated, with him creating fake social media accounts under Ms. Hughes' name, and continuing to leave threatening messages from blocked numbers and even leaving objects at Ms. Hughes' residence," the lawsuit said, including an image of potted plant and the Post-it note that was left at her doorstep:

Lauren,wanted to to have this pothos [plant] you are amazingThank you for everythingBe well :)This is goodbye 🙁

The case further claimed that children are "particularly vulnerable to being stalked via AirTags, either because a malicious actor is seeking to track them or because the person wants to track whomever the child is with."

As of Monday, the lawsuit alleges 17 counts, including claims of negligence, defective design, unjust enrichment, intrusion upon seclusion, privacy violations, negligence per se, and violations of California, Indiana, Maryland, Ohio and Pennsylvania law.

"Pursuant to 28 U.S.C. § 1332, as amended by the Class Action Fairness Act of 2005 ('CAFA'), this Court has subject matter jurisdiction over this putative nationwide class action because the matter in controversy exceeds $5,000,000.00, exclusive of interest and costs, and is a class action in which some members of the Class are citizens of states different than Defendant," the filing said.

Plaintiffs, who seek a jury trial, have asked a federal judge to issue an order blocking Apple "from further unlawful, unfair and/or fraudulent practices with respect to the design, manufacture, and release into the market of its AirTags."

"The effects are devastating," the class action suit summarized. "Finding a mysterious homing beacon hidden in your personal effects or your car is a terrifying experience. It forces an undeniable reckoning with the fact that someone — perhaps someone you know, perhaps not — is aware of your every move."

Law&Crime reached out to Apple for comment.

Read the lawsuit here.