It’s been widely reported that an attorney based in Houston, Texas, has sued Apple for its recent FaceTime Defect, claiming that the glitch in the FaceTime app enabled somebody to record a deposition he was conducting with his client in private. The attorney claims that the FaceTime defect cost him his livelihood.
The attorney, Larry D. Williams II, practices criminal defense at his namesake law firm, Law Office of Larry D. Williams II PLLC, is on record blaming Apple’s negligence has caused him to suffer “financial loss, mental anguish, and physical pain.”
Mr. Williams’ dispute concerns an iPhone bug stemming from a recent iOS software update that allowed users to listen in on others after they started a group FaceTime call, as this FaceTime defect did not require another user to pick up.
“Essentially the product converts a person’s personal iPhone into a microphone that can be answered by an unknown third party to listen and record one’s most intimate conversations without consent,” Williams wrote in the complaint. Furthermore, the complaint states that Apple didn’t provide sufficient warning or instruction preventing this intrusion.
Law 360 reports that during the update’s development, Williams said, Apple had access to testing, research and other studies on cybersecurity and privacy, and either knew or should have known about the dangers of the update. “Defendant failed to exercise reasonable care in the design, manufacture, sale, testing, marketing, labeling, advertising, promotion and/or distribution of the product because defendants knew, or should have known, that its product would cause unsolicited privacy breaches and eavesdropping,” Williams wrote.
In his complaint, Mr. Williams has alleged 10 counts against the company; such as negligence, strict product liability, breach of express and implied warranty, and fraudulent misrepresentation. The lawsuit seeks compensatory and punitive damages plus pre- and post-judgment interest.
Since these reports, Apple has claimed to have disabled the FaceTime group call function the bug exploits, and also plans to bring a permanent fix in its next software update.
For your reference, the case is Williams v. Apple Inc. et al., case number 2019-06645, in the District Court of Harris County, Texas.
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