Apple sued for FaceTime bug that let people eavesdrop

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Apple Inc. CEO Tim Cook attends China Development Forum (CDF) 2018 at the Diaoyutai State Guesthouse on March 24, 2018 in Beijing, China. China Development Forum (CDF) 2018 is hosted by the Development Research Center of the State Council of China on March 24-26 in Beijing.

Larry Williams II, a lawyer based in Houston, filed a lawsuit in Harris County, Texas Monday against Apple over an exploit that let people eavesdrop on iPhones using FaceTime.

The bug went viral on Monday evening after news outlets, including CNBC, verified that one person was able to place a FaceTime video call to another person and, using the exploit, was able to listen in or see video of the recipient of the call, even if they didn’t answer. Williams says he heard about the bug as early as January 27.

The suit alleges that Apple “failed to exercise reasonable care” and that Apple “knew, or should have known, that its Product would cause unsolicited privacy breaches and eavesdropping.” It suggests Apple did not adequately test its software and that Apple was “aware there was a high probability at least some consumers would suffer harm.”

The suit says that Williams was “undergoing a private deposition with a client when this defective product breached allowed for the recording” of the conversation.

Williams claimed this caused “sustained permanent and continuous injuries, pain and suffering and emotional trauma that will continue into the future” and that Williams “lost ability to earn a living and will continued to be so in the future.”

The lawsuit also says that iOS 12.1, the latest major release of the iPhone operating system, was defective and “unreasonable dangerous” and that Apple “failed to provide adequate warnings to avoid the substantial danger” posed by the security flaw.

A teenager’s mother told CNBC that she reported the bug to Apple last week, but Apple has not confirmed to CNBC that it recognized or was able to replicate the bug.

Williams is seeking compensatory and punitive damages as a result of the exploit.

After news of the exploit spread, Apple quickly removed the ability to place group FaceTime calls. The company said that a fix is coming this week.

An Apple spokesperson was not immediately available for comment.