Class-action suit sought vs. Apple for iPhone tracking

“I will proceed with a class-action good lawsuit against Apple’s illegal activities on behalf of Korean iPhone users.”

Kim Hyeong-seok, a 36-year-old lawyer who helped an iPhone user successfully sue Apple for its collection of customer location data without consent, told The Dong-A Ilbo that he is sure of victory in the lawsuit because “it is clear that Apple violated related laws.”

His client won a settlement of 1 million won (946 U.S. dollars) from Apple for psychological damage.

The lawyer was referring to a law on the protection and use of customer location data. Under Article 17 of the Korean Constitution, the privacy and freedom of citizens shall not be violated along with the law regulating the use of location information without consent from the owner of the information.

“Apple tracked the locations of my client and stored the data without his consent,” Kim said. Though he won a lawsuit seeking damages against Apple in late April, he plans to file a formal lawsuit for encroachment of privacy and psychological damage caused by Apple’s “illegal” collection of location information.

If a class-action lawsuit is launched, Apple will likely react at least to reduce possible damages.

Miraero, Kim’s law firm, opened a homepage (www.sueapple.co.kr) for the planned lawsuit Thursday morning, only to close it down shortly after because more than 300 iPhone users expressed their will to join the suit. The firm’s suit had to be complemented thereafter.

Miraero will file an e-lawsuit after collecting first plaintiffs for the litigation via the Internet. There is no limit on the number of plaintiffs.

If filed, it would be the first lawsuit in which plaintiffs are collected via the Internet. Eligible for the suit are iPhone users who bought their mobile phones before May 1, when the controversy over tracking erupted.

Those wishing to join the class-action suit must undergo several online procedures after accessing the homepage for the suit. One plaintiff will have to pay 16,900 won (16 dollars) in litigation fees for 1 million won in damages. If half of the three million iPhone and iPad users join the litigation, the damage amount will reach a combined 1.5 trillion won (1.4 billion dollars).