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Class action lawsuit demands Apple install texting and driving safeguards
Mac Daily News ^ | Wednesday, January 18, 2017 ยท 2:34 pm

Posted on 01/18/2017 2:02:20 PM PST by Swordmaker

Suit seeks to halt all iPhone sales in California

MLG Automotive Law has filed a class action lawsuit against Apple Inc., seeking to enjoin the company from selling further iPhones until it installs “texting and driving safeguards.” The lawsuit, Julio Ceja v. Apple Inc. (Case No. BC647057), was filed Tuesday in Los Angeles County Superior Court.

The lawsuit alleges that Apple puts profit before consumer safety. According to the filing, the company has had the technology to prevent texting and driving since 2008 – and even received a patent on it in 2014 – but refuses to use it over concerns that it will lose market share to other phone-makers who do not limit consumer use. In the last three months of 2016, Apple generated $8.5 billion in net profit, and at the end of its fiscal year had $238 billion of cash on hand.

The lawsuit claims that, based on data provided by the Federal Highway Administration and the California Highway Patrol, Apple’s iPhones are responsible for 52,000 automobile accidents in California each year, and an average of 312 deaths.

“Texting and driving has become one of the most serious issues that confronts all of us on a daily basis,” said Jonathan Michaels, the founding member of MLG Automotive Law, in a statement. “The number of people who have been being killed or injured is astonishing. It has to stop.” Michaels continued, “Legislating against drivers will unfortunately not solve the problem. The relationship consumers have with their phones is just too great, and the ability to slide under the eye of the law is just too easy. Embedding lock-out devices is the only solution.”

Julio Ceja of Costa Mesa, California was injured in an accident caused by a driver who was on her iPhone. The class action is brought on behalf of all California residents, and seeks to halt all iPhone sales in the state until the lock-out device is employed.

MacDailyNews Take: What about the legitimate use of texting while in a moving vehicle by passengers? An accelerometer doesn’t know who’s driving – or if you’re in a taxi, on a bus, etc.

Apple’s not at fault here. They just have lots of money and, as usual when lawyers are involved, are being wrongly targeted.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: applepinglist; classactionsuit; texting
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To: rlmorel
Let's start a lawsuit against cosmetic makers, until they engineer lipsticks that can't be applied while women drive. Or a lawsuit to stop cheeseburger sales until they can prevent drivers from eating them while driving. Then there's coffee drinkers who drive while handling hot coffee. Also need to do something about people holding their pet dog in their lap while driving, very dangerous. And people like Bill Clinton, driving while prostitutes... well you get the idea.

Hello, it's about self control! Take away the drivers licenses from idiot drivers!

21 posted on 01/18/2017 3:55:12 PM PST by roadcat
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To: Swordmaker

Easy enough problem to solve. If you’re moving more than, say, 10 MPH, you charge 25 cents for each text sent or received.

Pass it as a federal tax and use the money to build the wall.


22 posted on 01/18/2017 4:39:12 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: Swordmaker

Exactly!

When I check my speed to avoid the cops, I’m distracted! When I dial the radio, I’m distracted! When I check my rear view mirror, I’m distracted. I could go on and on.

I don’t believe these statistics. I do believe that tens of millions of people get in a vehicle and drive each day and their eyes are not always on the road. What the fn solution is, stay home I guess!


23 posted on 01/18/2017 4:50:35 PM PST by Cen-Tejas (it's the debt bomb stupid)
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To: BobL
Easy enough problem to solve. If you’re moving more than, say, 10 MPH, you charge 25 cents for each text sent or received.

Why should passengers on public or private transportation or traveling in vehicles be targeted for the misbehavior of texting drivers who can't behave?

24 posted on 01/18/2017 5:13:11 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: Swordmaker

Self-driving cars will eliminate this problem.


25 posted on 01/18/2017 5:23:44 PM PST by meyer (The Constitution says what it says, and it doesn't say what it doesn't say.)
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To: Swordmaker

“Why should passengers on public or private transportation or traveling in vehicles be targeted for the misbehavior of texting drivers who can’t behave?”

Because people are texting too much as it is, whether moving or not.


26 posted on 01/18/2017 5:26:14 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: BobL

What is the appropriate quantity of texting?


27 posted on 01/18/2017 5:30:03 PM PST by meyer (The Constitution says what it says, and it doesn't say what it doesn't say.)
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To: BobL
Because people are texting too much as it is, whether moving or not.

Oh. Let's stop people from communicating at all. Right?

28 posted on 01/18/2017 5:33:56 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: meyer

Enough so they stop annoying me...and stop being a road hazard.


29 posted on 01/18/2017 5:34:59 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: Swordmaker

“Oh. Let’s stop people from communicating at all. Right?”

Nope, phone calls are fine, even while driving. It’s texting that needs to stop, at least in public places.


30 posted on 01/18/2017 5:35:42 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: Swordmaker

Big Lawsuit here. No warning
to remove before Driving.

31 posted on 01/18/2017 5:36:49 PM PST by itsahoot (Five words I want to hear, I will build that wall.)
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To: itsahoot
Big Lawsuit here. No warning to remove before Driving.

Would you believe my sun shade I just got DOES indeed have printed warning saying:

WARNING!
Remove this sun blocking device before attempting to operate vehicle!

32 posted on 01/18/2017 5:53:40 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: Swordmaker
Would you believe my sun shade I just got DOES indeed have printed warning saying:

Sure would lived in the Desert for 30 years and mine came with them too.

Glad to see you are fit again. I had my stents put in around noon and was in a poker tournament by 6:00pm. Piece of cake. Heart attack at 44 Stents at 72 that was almost 7 years ago. Caused me to gain a lot of weight though. 😇

33 posted on 01/18/2017 6:09:27 PM PST by itsahoot (Five words I want to hear, I will build that wall.)
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To: BobL

Yeah! Now that we are in charge it’s our nanny state! Nanny Nanny Nanny Nanny Nanny Nanny Nanny Nanny Let’s show them Sosa tax are stupid, loose cigarettes are stupid but now with a texting while moving tax we have the answers! We are so smart we can out tax them with Nanny Nanny Nanny taxes.


34 posted on 01/18/2017 7:12:20 PM PST by wgmalabama
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To: wgmalabama

Naa, don’t want a nanny state...just too many people texting.


35 posted on 01/18/2017 7:16:30 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: BobL

True dat but that’s just dumb ass people doing dumb ass things. We need to ridicule, shun, harass but leave the government out of the ridicule, shun, harass part.


36 posted on 01/18/2017 8:03:28 PM PST by wgmalabama
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To: wgmalabama

I hear you...just griping on my part!


37 posted on 01/18/2017 8:08:14 PM PST by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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