FeganScott’s Beth Fegan filed the first class action lawsuit against Apple, Inc. claiming the manufacturer knowingly subjected smartphone users to radiofrequency (RF) electromagnetic radiation levels far in excess of mandated limits while misrepresenting the smartphone’s safety.

Recent studies demonstrated that these devices could be emitting RF radiation at levels as much as 500 percent above legal limits in some instances. Filed Aug. 26, 2019 in the U.S. District Court for the Northern District of California, the lawsuit claims that Apple smartphones emit RF radiation exceeding what the companies reported to federal regulators, posing serious risks to users.

The lawsuit also calls into question Apple’s approach to dealing with customer concerns surrounding RF radiation and seeks to bring to light the manufacturer’s alleged deceptive misrepresentations and omissions.

On October 29, 2020, the Court found that consumers’ legal claims interfere with the FCC’s authority and dismissed the suit. The FeganScott team is seeking an appeal of this important legal issue and continues to pursue justice on behalf of consumers.

The U.S. Court of Appeals for the Ninth Circuit is scheduled to hear argument on Plaintiffs’ appeal on December 10, 2021.