Canadian Law Firm Applies for Class Action Lawsuit Over FaceTime Bug

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Jan 31, 2019.

  1. MacRumors macrumors bot

    MacRumors

    Joined:
    Apr 12, 2001
    #1
    [​IMG]


    Montréal-based law firm Lambert Avocat Inc. has applied for a class action lawsuit against Apple with the Superior Court of Québec, seeking compensation for all persons exposed to a major FaceTime privacy bug that enabled users to eavesdrop on the people they call, according to its website.

    [​IMG]

    The proposed lawsuit seeks compensation for all Canadians who used FaceTime on an iPhone, iPad, or iPod touch running iOS 12.1 or later, or a Mac running macOS Mojave 10.4.1 or later, in their possession.

    This is the first pending class action lawsuit against Apple we know of in relation to the FaceTime bug. An earlier lawsuit filed by a lawyer in Houston, who claimed the bug allowed an unknown person to listen in on sworn testimony, did not seek class action status according to the court document we reviewed.

    Due to the serious privacy implications of the FaceTime bug, there may be more class action lawsuits to follow in the United States and elsewhere.

    Widely publicized on Monday, the FaceTime bug allowed one person to call another person via FaceTime, slide up on the interface and enter their own phone number, and automatically gain access to audio from the other person's device without that person accepting the call. In some cases, even video was accessible.

    We recorded a demonstration of the bug earlier this week:


    Apple disabled Group FaceTime as a temporary server-side solution, preventing the bug from working any longer, while it prepares a software update with a permanent fix that will be released "later this week."

    It was later reported that Apple may have known about the bug for over a week before it made headlines, something New York government officials are investigating. Apple has yet to provide further comment about the bug beyond promising a software update, but we'll be sure to provide updates as we learn more.

    Update: MacRumors has uploaded a copy of the application submitted to the Superior Court of Québec.

    Article Link: Canadian Law Firm Applies for Class Action Lawsuit Over FaceTime Bug
     
  2. tridley68 macrumors 6502a

    tridley68

    Joined:
    Aug 28, 2014
    #2
    The Slimey ambulance chasing lawyers are going into a feeding frenzy trying to make a buck because they can't hack it as a real lawyer.
     
  3. epheterson macrumors member

    epheterson

    Joined:
    Jul 24, 2002
    Location:
    San Francisco
    #3
    If it's disabled server-side, why recommend disabling FaceTime altogether?
     
  4. C DM macrumors Sandy Bridge

    Joined:
    Oct 17, 2011
    #4
    There will almost certainly be more and more of these...whether or not they actually hold up is a somewhat different story.
     
  5. billybobthornton macrumors newbie

    billybobthornton

    Joined:
    Apr 11, 2016
    #5
    [​IMG]
    “I knew I shouldn’t have hired those programmers from google”
     
  6. jschu22 macrumors regular

    Joined:
    Apr 12, 2008
    #6
    C’mon Canada, I though you were better than us down here.
     
  7. nepalisherpa macrumors 68020

    nepalisherpa

    Joined:
    Aug 15, 2011
    Location:
    USA
  8. jschu22 macrumors regular

    Joined:
    Apr 12, 2008
    #8
    Becuase they are dumba$$es.
     
  9. H3LL5P4WN macrumors 68000

    H3LL5P4WN

    Joined:
    Jun 19, 2010
    Location:
    Pittsburgh PA
    #9
    I thought only American lawyers were money hungry leeches, clogging up their respective judicial systems with frivolous lawsuits in efforts to make quick bucks?
     
  10. Amazing Iceman macrumors 68040

    Amazing Iceman

    Joined:
    Nov 8, 2008
    Location:
    Florida, U.S.A.
    #10
    This FaceTime bug has turned into a shark feast.
     
  11. keysofanxiety, Jan 31, 2019
    Last edited: Jan 31, 2019

    keysofanxiety macrumors G3

    keysofanxiety

    Joined:
    Nov 23, 2011
    #11
    One bug from Apple and everybody goes crazy. Meanwhile Amazon, Google, Facebook, and Microsoft brazenly harvest your data and nobody bats an eyelid.

    If people are going after Apple as they are, I can’t see how the other companies aren’t facing daily scrutiny.

    Yeah it’s a really bad bug but it’s disappointing to see these double-standards. Shows that people are more interested in making money from a lawsuit than actually giving a damn about people’s privacy.
     
  12. sfwalter macrumors 68000

    sfwalter

    Joined:
    Jan 6, 2004
    Location:
    Dallas Texas
    #12
    I wonder what harm the members of the class action lawsuit have suffered for them to be part of the lawsuit.
     
  13. indychris macrumors 6502

    indychris

    Joined:
    Apr 19, 2010
    Location:
    Fort Wayne, IN
    #13
    I am all for a settlement if...

    1. It is PROVEN that actual harm was experienced...

    2. It is proven that apple was knowingly negligent in creating and/or responding to the bug...

    3. Lawyers are forced to pay the bill if it is demonstrated that they are simply seeking $$$ where no real harm was experienced.


    Otherwise, unfounded lawsuits do nothing but hurt the average consumer. Maybe we can start a class action suit against the lawyers...
     
  14. ravenstar macrumors regular

    Joined:
    Jan 12, 2005
    #14
    What ever happened to at least the pretense of damages having occurred? This sounds so much like someone heard the words "Apple" and "Bug" and didn't bother to listen any further.
     
  15. caskin8a macrumors member

    Joined:
    Feb 20, 2009
    Location:
    Toronto
    #15
    What strange times we live in where an accidental software bug leads to numerous class action suits in different jurisdictions. It feels like suing your power company if there's a power outage.

    Can someone get a class action up and running against Facebook for the willful disclosure of customer data without consent?
     
  16. TomMcIn macrumors member

    Joined:
    Oct 22, 2008
    #16
    Quebec is the equivalent of East Texas where the lawyers go to drum up business at someone else's expense.
     
  17. Scottsoapbox macrumors 6502a

    Scottsoapbox

    Joined:
    Oct 10, 2014
    #17
    I missed the part where Apple promised to never have an error in their human written code and would therefore be liable for such.
     
  18. 12vElectronics macrumors 68040

    12vElectronics

    Joined:
    Jul 19, 2013
    Location:
    California
    #18
    All of a sudden everyone has been affected by this. Get real. It's obviously a money chasing scheme.
     
  19. MrMichaelJames macrumors newbie

    Joined:
    Jul 16, 2010
    #19
    If you choose to willingly use any of these devices these days doesn't the EULA say something about there might be issues that come up and the company that made the devices are not liable if something breaks? Its a software bug, its not like the phone batter ignited and burned anyone...

    7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
    APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR
    ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS
    TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
    7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE AND
    SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT
    WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO
    AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES
    AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND SERVICES, EITHER EXPRESS,
    IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
    CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
    PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

    And more fun stuff in the iOS SLA https://www.apple.com/legal/sla/docs/iOS12.pdf
     
  20. chipb macrumors member

    Joined:
    Jul 25, 2016
    Location:
    Massachusetts
  21. Vjosullivan macrumors 6502a

    Vjosullivan

    Joined:
    Oct 21, 2013
    #21
    On the other hand, if it had been a Google or Samsung phone then everybody here would be cheering them on.
     
  22. lunarworks macrumors 65816

    Joined:
    Jun 17, 2003
    Location:
    Toronto, Canada
    #22
    Apple's got tons of money, so they're a juicy target.
     
  23. LordVic macrumors 603

    Joined:
    Sep 7, 2011
    #23
    GEneRALLY regarding the lawsuit craze we are. But there are enough Canadian's who believe we should adopt the US litigation culture.

    in a case like this, in Canada at least, the prosecution will have to prove that this event had monetary hardship to gain any sort of traction for a succesful lawsuit. Monetary damages being awarded tend to be held within "reasonable" limits of what harm was done and money awarded for "pain and suffering" is extremely limited.

    however, it is going on in Quebec... So, all bets are off. Quebec has their own oddities regarding legal requirements.

    if anything, this wouldn't likely go that far in a civil case. There MAY be a valid complaint to PIPEDA, but that wouldn't result in lawsuits
     
  24. KGBguy macrumors regular

    KGBguy

    Joined:
    Feb 19, 2015
    Location:
    USSR 2.0
    #24
    Man, people are money hungry these days. They look for any opportunity to get something for free out of profit seeking companies.
     
  25. Analog Kid macrumors 601

    Analog Kid

    Joined:
    Mar 4, 2003
    #25
    It seems people don't mind lying and cheating so much these days, but anything that can be spun to give just a hint of hypocrisy drives them wild...
     

Share This Page