Class-action suit demands Apple add lock-out system to iPhone to prevent texting while dri...

Posted:
in iPhone edited January 2017
A new class action lawsuit filed in California seeks to force Apple into adding features to the iPhone that will help prevent drivers from texting while behind the wheel, while also alleging Apple is putting profit before consumer safety.




Filed at the Los Angeles County Superior Court by MLG Automotive Law, the lawsuit claims Apple "had the technology to prevent texting and driving since 2008," noting also that it was granted a related patent in 2014. Despite this, it is alleged Apple refuses to implement the technology in the iPhone "over concerns that it will lose market share to other phone-makers who do not limit consumer use."

The suit identifies Julio Ceja of Costa Mesa, California as the plaintiff, involved in a car accident where his vehicle was hit from behind by another driver, reportedly distracted by using her iPhone.

To bolster the lawsuit, data from the U.S. Department of Transportation claiming 1.5 million people are texting and driving on public roads at any given moment. The National Highway Traffic Safety Administration classifies texting and driving as six times more dangerous than driving while drunk.
"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," the lawsuit reads. "Embedding lock-out devices is the only solution."
It is also alleged the iPhone is responsible for 52,000 automobile accidents in California each year, based on data from the California Highway Patrol and the Federal Highway Administration, as well as an average of 312 deaths annually.

"Texting and driving has become one of the most serious issues that confronts all of us on a daily basis," said MLG Automotive Law founding member Jonathan Michaels. "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."

The class action wants to halt all iPhone sales in the state of California until Apple introduces some form of lock-out device that can prevent texting while driving.

Some may consider the class action lawsuit to be frivolous, as it is filed one month after another similar lawsuit against Apple, blaming FaceTime for distracting a driver involved in a fatal car crash. That suit also brings up the apparent availability of the technology to lock-out iPhone use while driving, as well as the 2014 patent, but rather than forcing Apple to implement a solution, that suit seeks damages and medical expenses.

2017 01 17 Ceja v Apple Class Action Complaint by MalcolmOwen on Scribd

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Comments

  • Reply 1 of 85
    "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," the lawsuit reads. "Embedding lock-out devices is the only solution."

    I find this line and the idealogical 
    mentality behind it very concerning. 
    retrogustomike1stompychiabloggerblogpatchythepirateDonvermocrew52brakkenewtheckman
  • Reply 2 of 85
    Add another one to the pile of stupid lawsuits that will get thrown out.
    mike1SpamSandwichhorvaticcrew52macseekerjbdragon[Deleted User]watto_cobra
  • Reply 3 of 85
    sog35 said:
    Apple already has a solution. Carplay. 
    I agree, and the solution used by apps like Waze are just irritating. 
    edited January 2017 watto_cobra
  • Reply 4 of 85
    wood1208wood1208 Posts: 1,609member
    Personal responsibility. I don't want Apple to lock(text or call) my iphone when driving. I might need to use it in emergency reply two words text or call someone..Isn't people to invoke Siri to reply text or return call so they don't get distracted while driving,
    Apple can put lock-out feature but has to be ON/OFF in settings.
    edited January 2017 georgie01mike1missiongreyHodar0patchythepiratedeepinsidergilly017horvaticewtheckmanlongpath
  • Reply 5 of 85
    Most iPhone owners would rather have a headphone jack than this. 
  • Reply 6 of 85
    How about police doing their job and ticketing people?
    My wife was sent to the hospital and our VW totaled when she was rear ended by a distracted driver. No ticket was issued.

    There is no way an iPhone can determine whether someone is a driver or a passenger or a rider on a bus.
    fracSpamSandwichgilly017crew52brakkenjbdragon[Deleted User]watto_cobraicoco3
  • Reply 7 of 85
    This is the approach our society takes to problems. Rather than reaching out and trying to improve the sense of personal responsibility and character among people, which admittedly can be challenging, we instead create laws to restrict people's bad choices.

    It's based on good intentions but ultimately it will fail spectacularly. Restricting people's behaviour does not change their character and the more and more laws we have the less we feel personal responsibility. This approach will eventually collapse with painful results.
    missiongreyHodar0patchythepiratecrew52brakkenlongpathjbdragonredgeminipawatto_cobraicoco3
  • Reply 8 of 85
    It's California. That explains the lawsuit. Hopefully, the courts will toss this frivolous lawsuit. A phone's, any phone's, ability to text is no responsible for an auto accident. That is solely the responsibility of the operator of the motor vehicle. Using a phone, talking to a passenger, unwrapping a piece of gum, eating, operating a car radio, particularly in a car equipped with a computer screen, and having sex (yes, there are those that do that), are all distractions that can result in an accident in the wrong circumstances. You can't abrogate personal responsibility because something creates a distraction. It is a driver's responsibility to maintain control of their vehicle. 

    There re are other arguments that can be made, such as "how do you prevent a driver from texting but not a passenger?" and "I can text using the interface provided by my car, without looking at my phone." but, while valid, they are also irrelevant in terms of a person's safety. The issue is simply one of who is responsible for the safe operation of a vehicle: the driver, or the phone?
    stompychia2old4funmacseekerZufall_X
  • Reply 9 of 85
    mike1mike1 Posts: 1,746member
    What about passengers?
    What about passengers on a commuter train or subway?
    What about passengers on buses?
    What about people in airplanes?

    How about just putting the blame on irresponsible users rather than punishing everybody?
    edited January 2017 melodyof1974baconstang2old4fundeepinsiderboredumbtallest skilcrew52ewtheckmanmacseekerlongpath
  • Reply 10 of 85
    This will get thrown out because there's no way to discern whether an iPhone user is driving or is a passenger.
    longpathwatto_cobra
  • Reply 11 of 85
    They just want the payout.  If it was about safety, they'd be suing every phone manufacturer.  Android-based phones don't do a lock out, Windows-based phones don't do a lock out.  Hell, even most GPS devices don't do lockouts.  You get a pop-up warning that you can easily click "OK" on and go about doing everything you shouldn't be doing.

    As a previous poster said, it is the person's responsibility.  However, in this case, the 'person' probably didn't have enough money to satisfy the family suffering the loss, and they figured the deep Apple pockets would make them happier.
    mike1longpathanton zuykovbeowulfschmidtwatto_cobra
  • Reply 12 of 85
    Should not be directed at Apple at all. It should be directed to every and any phone maker or device that can be used behind a wheel. 
    It should also be that car manufacturers build the inhibitors directly into the car. If the ignition is on, the inhibitor is on. 

    Oh oh so simple but complicated by idiots. 
    watto_cobra
  • Reply 13 of 85
    volcanvolcan Posts: 1,720member
    sog35 said:
    how the fuck is the iphone suppose to know if you are driving or not?
    There is really only one way that I know of. You would need a connected accessory device mounted in the car such as a BT camera or other BT device which would use a visual image or accurate wireless proximity to determine if the phone was being operated from the driver's seat. The system would obviously be voluntary for adults or could be set in parental controls. That said, I can't see how Apple could be forced to provide that sort of solution. It seems like something a third party should be developing because Apple is not the only cell phone manufacturer. 
    randominternetpersonnoahbdavid
  • Reply 14 of 85
    buzdotsbuzdots Posts: 445member
    wood1208 said:
    Personal responsibility.
    What the hell is that? We haven't used those words in 40 friggin years. How dare you resurrect such a bizarre and outdated concept! /s
    edited January 2017 Hodar0SpamSandwichgilly017tallest skilewtheckmananton zuykovwatto_cobra
  • Reply 15 of 85
    Well...then I guess beer companies need to add special locking caps that automatically close when you are in a car. Budweiser is putting profits above public safety.
    mwhitegilly017buzdotschasmanton zuykovZufall_Xwatto_cobraicoco3
  • Reply 16 of 85
    volcan said:
    sog35 said:
    how the fuck is the iphone suppose to know if you are driving or not?
    There is really only one way that I know of. You would need a connected accessory device mounted in the car such as a BT camera or other BT device which would use a visual image or accurate wireless proximity to determine if the phone was being operated from the driver's seat. The system would obviously be voluntary for adults or could be set in parental controls. That said, I can't see how Apple could be forced to provide that sort of solution. It seems like something a third party should be developing because Apple is not the only cell phone manufacturer. 
    While it would not be foolproof (and would require multi manufacture support) one way would be to allow the phones to detect other phones (probably using BT) in a radius traveling over a certain speed and present them with a dialog to acknowledge being the driver so it can be silenced. If one of the phones does not agree to being the driver's iPhone then all phones will prevent incoming calls and messages until someone fesses up.
    watto_cobra
  • Reply 17 of 85
    tmaytmay Posts: 3,205member
    California would have to pass legislation to make this happen; a lawsuit won't.
  • Reply 18 of 85
    I have not the slightest doubt that Apple will prevail in this case, but imagine for a minute if it didn't.  A court tells Apple: "you must provide a solution so that driver of a car cannot user their iPhone; otherwise you can't sell iPhones in California."  If I were Tim Cook, I'd be tempted to say "ok, we'll no longer sell iPhones in California."  How long would it take before a bill would be introduced in the California legislature specifically exempting Apple from this?  Apple could probably get a million signatures on a petition in a week and tens of thousands of outraged consumers could call their representatives (most for the first time).  It would be quite a circus.
    gilly017longpathEric_in_CTwatto_cobra
  • Reply 19 of 85
    jcs2305jcs2305 Posts: 520member
    Didn't this start out as a lawsuit becasue the person was hit from behind by someone using facetime? How did this now morph into being about texting? How does this continue to be about Apple specifically? Do other manufacturers have such a block in place that prohibits texting while driving, and Apple is resisting it?  I am confused..

    When will dumb sh** like this stop and people with the privelage to operate a vehicle do it responsibly and with accountibility if you can't wait until stop before texting, or use a voice asistant to send that text for you if you absolutely need to text someone and you are actively driving...?
    mwhitegilly017watto_cobra
  • Reply 20 of 85
    tshapitshapi Posts: 286member
    sog35 said:
    how the fuck is the iphone suppose to know if you are driving or not?

    This is stupid.

    Apple already has a solution. Carplay. 
    And Siri. And speech to text. 
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