NEW YORK (NEWSnet/AP) — A judge has denied Apple’s motion to dismiss a lawsuit claiming stalkers are using its AirTag devices to track victims, and that the company hasn’t done enough to prevent them.

Apple’s $29 AirTags have become popular items since their 2021 release, helping users track the location of items such as lost keys to wallets and luggage. But stalkers have used AirTags and similar products to follow people without their consent.

In December 2022, Apple was sued by dozens of plaintiffs who said they were stalked by AirTag users. They alleged Apple failed to mitigate such risk.

Apple attempted to dismiss the litigation in a 2023 filing, arguing the company “took proactive steps to try to deter misuse” and that it should not bear liability for injuries caused by third parties. But U.S. District Judge Vince Chhabria dismissed that motion on March 15.

Chhabria ruled that, although most of the class-action plaintiffs’ claims were “inadequately pled,” three can proceed for negligence and strict product liability under California law. The remaining claims were dismissed in a separate order.

“Apple may ultimately be right that California law did not require it to do more to diminish the ability of stalkers to use AirTags effectively, but that determination cannot be made at this early stage,” Chhabria wrote.

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