Apple's Air Tag Is Stalkers' 'Weapon Of Choice,' Victims Say

By Rae Ann Varona

Law360 (March 21, 2025, 8:02 PM EDT)

A San Francisco federal judge on Friday allowed stalking victims to proceed with a proposed class action alleging that Apple Inc.'s AirTag devices have become a “weapon of choice” for abusers. The plaintiffs, a group of women who said they were secretly tracked by stalkers using the devices, argued that Apple failed to provide adequate safeguards to prevent such misuse, despite designing the AirTag for locating lost items.

U.S. District Judge Vince Chhabria said the victims’ claims, which include allegations of negligence, invasion of privacy, and violations of California’s consumer protection laws, could move forward, rejecting Apple’s attempt to compel arbitration based on the terms of service. Judge Chhabria noted that the plaintiffs were not the original purchasers of the AirTags and therefore did not have a direct contractual relationship with Apple that would bind them to arbitration.

The complaint detailed instances where AirTags were planted on victims’ vehicles, homes, and personal belongings, often without their knowledge. Plaintiffs reported learning about the tracking months later, sometimes after experiencing harassment, break-ins, or other safety threats. The suit claims Apple’s tracking notifications are insufficiently fast and fail to alert non-iPhone users promptly, leaving victims vulnerable.

Apple has previously stated that AirTags were designed with anti-stalking protections, including audible alerts when an unknown AirTag moves with a person and iPhone notifications. The company emphasized that AirTags are intended to track personal items, not people, and has pointed to built-in privacy features to minimize misuse.

The proposed class action seeks damages for the victims and enhancements to AirTag safety, including more timely alerts and improved mechanisms to prevent unauthorized pairing. Advocates have called on Apple and other technology companies to implement stronger safeguards and clearer guidance for consumers regarding tracking risks.

Plaintiffs are represented by Jennifer S. Bennett of The Law Offices of Jennifer S. Bennett, and Apple is represented by Marc M. Seltzer, Brian M. Willen, and Matthew A. Brinckerhoff of Susman Godfrey LLP.

The case is Jane Doe v. Apple Inc., case number 3:23-cv-04788, in the U.S. District Court for the Northern District of California.

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