Apple to pay $95 million to settle claims it used Siri to eavesdrop on customers
U.S. Court News
Apple has agreed to pay $95 million to settle a civil lawsuit accusing the privacy-minded company of deploying its virtual assistant Siri to eavesdrop on people using its iPhone and other trendy devices.
The proposed settlement filed Tuesday in an Oakland, California, federal court would resolve a 5-year-old lawsuit revolving around allegations that Apple surreptitiously activated Siri to record conversations through iPhones and other devices equipped with the virtual assistant for more than a decade.
The alleged recordings occurred even when people didn't seek to activate the virtual assistant with the trigger words, "Hey, Siri." Some of the recorded conversations were then shared with advertisers in an attempt to sell their products to consumers more likely to be interested in the goods and services, the lawsuit asserted.
The allegations about a snoopy Siri contradicted Apple's long-running commitment to protect the privacy of its customers — a crusade that CEO Tim Cook has often framed as a fight to preserve "a fundamental human right."
Apple isn't acknowledging any wrongdoing in the settlement, which still must be approved by U.S. District Judge Jeffrey White. Lawyers in the case have proposed scheduling a Feb. 14 court hearing in Oakland to review the terms.
If the settlement is approved, tens of millions of consumers who owned iPhones and other Apple devices from Sept. 17, 2014, through the end of last year could file claims. Each consumer could receive up to $20 per Siri-equipped device covered by the settlement, although the payment could be reduced or increased, depending on the volume of claims. Only 3% to 5% of eligible consumers are expected to file claims, according to estimates in court documents.
The settlement represents a sliver of the $705 billion in profits that Apple has pocketed since September 2014. It's also a fraction of the roughly $1.5 billion that the lawyers representing consumers had estimated Apple could been required to pay if the company had been found of violating wiretapping and other privacy laws had the case gone to a trial.
The attorneys who filed the lawsuit may seek up to $29.6 million from the settlement fund to cover their fees and other expenses, according to court documents.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
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