Small Law Firms

Lawyer Files Suit Over FaceTime Bug, Claims It Allowed Spying During Deposition

Only a quick payout from Apple can help with the mental anguish he's gone through because of this bug.

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(Photo by Chesnot/Getty Images)

Earlier this week, people were losing their minds over the fact that the latest Apple iOS update allowed FaceTime users trying to make group video calls to see and hear the person on the other end of the line, even if they haven’t answered the call.

On Monday, Apple said it was aware of the issue and disabled FaceTime’s group call function — but not before a lawyer filed suit over someone who’d allegedly been able to eavesdrop on one of his depositions by exploiting the bug.

That escalated quickly.

Larry D. Williams II, a solo practitioner in Texas, claims he found out about the FaceTime bug on Sunday, and that he was “undergoing a private deposition with a client when the defective product breach allowed for the recording of a private deposition.” (Mind you, Williams doesn’t go so far as to actually allege that he received or missed a FaceTime call, but just that the FaceTime bug could have allowed for such “unsolicited eavesdropping” to occur in the first place.)

Courthouse News Service has details on the FaceTime lawsuit Williams filed:

“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 conversation without consent,” the lawsuit from Larry D. Williams II states.

Apple shut down its FaceTime servers Monday evening to address the issue.

Williams – represented by another Houston attorney, James Mattox III – alleges that not only was the bug intrusive, but Apple did not give any notice or warn the public about the problems associated with iOS update 12.1 and its “failure to withstand its normal and intended use.”

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Here’s our favorite part of the complaint, which seems to have been taken directly from an unedited personal injury template:

Williams is seeking punitive damages against Apple and up to 100 John Doe defendants for numerous tort claims, including products liability, negligence, breach of warranty, and fraudulent misrepresentation.

You know what would help Attorney Williams with all of the emotional trauma he experienced from the possibly hypothetical situation alleged in his complaint? A quick settlement. We sure hope lawyers from whatever Biglaw firm will be representing Apple in this case are reading this so they can hurry up with their payout.

Apple Sued Over FaceTime Eavesdropping Bug [Courthouse News Service]

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Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

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