Apple Inc. lost an attempt to dismiss a lawsuit alleging its AirTag devices help stalkers track their victims. U.S. District Judge Vince Chabria in San Francisco ruled Friday that three plaintiffs in the class action had made sufficient claims for negligence and product liability, though he dismissed the others.

About three dozen women and men who filed the suit claim that Apple was warned about the risks posed by its AirTags, and argue that the company can be legally charged under California law when the tracking devices are used illegally behavior.

In the three claims that survived, the plaintiffs “allege that when they were pursued, problems with AirTag’s safety features were significant and that these safety defects caused their injuries,” Chhabria wrote.

Apple claimed it designed the AirTag with “industry-first” safety measures and should not be held liable when the product is misused.

“Apple may ultimately be correct that California law does not require it to do more to reduce the ability of stalkers to effectively use AirTags, but that decision cannot be made at this early stage,” the judge wrote. allowing the three plaintiffs to pursue their claims.

A company spokesman did not immediately return an email seeking comment on the decision.

Apple was accused in the case of carelessly releasing the AirTag despite warnings from advocacy groups and others that the product would be repurposed for surveillance. “At a price of just $29, it has become the weapon of choice of stalkers and abusers,” according to the complaint.

Apple developed a feature that alerts users when AirTag can track them, but that and other safety measures aren’t enough, according to the suit.

Tile Inc. has faced similar accusations that its tracking devices connected to Inc.’s Bluetooth network lack adequate protection against stalking.

The case is Hughes v. Apple, Inc., 3:22-cv-07668, U.S. District Court, Northern District of California (San Francisco).

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