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Home Market Research Startups

Why one man is suing Apple for $5 million

by TheAdviserMagazine
6 months ago
in Startups
Reading Time: 6 mins read
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Why one man is suing Apple for  million
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The coffee shop was crowded, the lighting dim, and Michael Mathews never noticed the quick hands that lifted his iPhone from his pocket.

He did notice the fallout, though — two terabytes of irreplaceable files, photos, and work documents suddenly vanished behind a login screen he could no longer penetrate.

Apple wouldn’t reset the single code that could let him back in, so Mathews took the company to court for at least $5 million in damages — and a shot at getting his “entire digital life” back.

Below is what I’ve pieced together about the case, how thieves turn Apple’s best security features against us, and — perhaps most important — what any of us can do to avoid losing everything to a stranger with our passcode.

One swipe, 30 years gone

According to court filings, Mathews was on a work trip in Scottsdale, Arizona, when pickpockets made off with his phone. Inside that slim device sat 30 years of personal and professional history — wedding photos, tax returns, client presentations, the works (CBS News Bay Area).

When he tried logging back into iCloud, he discovered the thieves had already:

Changed his Apple ID password.

Set a new Recovery Key, a 28‑character code Apple says is the only way to regain access if you forget your password.

Removed his trusted devices and phone numbers so no verification texts would reach him.

Mathews swears he provided “substantial and unquestionable” proof of ownership, yet Apple support stuck to its policy: without that Recovery Key, there was nothing they could do. His tech‑consulting firm soon shuttered under the weight of lost client files, prompting the lawsuit now winding through federal court in California.

“Apple perpetuates and aids the hackers in their criminal activity,” the complaint argues.

His lawyer, K. Jon Breyer, put it more bluntly in an interview: “What’s indefensible is Apple holding on to data they don’t own.”

How thieves weaponize your passcode

Security researchers have warned for years that a passcode alone can be more dangerous than we think.

All a thief needs is a quick glance (or security‑camera footage, or good old‐fashioned shoulder surfing). Once they have the code and the phone, the rest is disturbingly easy (Washington Post):

Change the Apple ID password to block “Find My iPhone” tracking.

Generate a new Recovery Key. Apple’s own support page is crystal clear: if that key exists and you don’t have it, “you’ll be locked out of your account permanently”.

Remove trusted devices (iPads, Macs, Apple Watch) so you never see a two‑factor alert.

Harvest passwords in iCloud Keychain, drain financial apps, and even clone your digital identity for future fraud.

The result?

Washington Post called it “a disaster of life‑changing proportions.” Mathews now calls it Exhibit A.

Apple’s Recovery Key: Fortress or trapdoor?

Apple introduced the optional Recovery Key to keep remote hackers from convincing support staff to reset your password. When enabled, it disables Apple’s usual account‑recovery flow — you alone hold the key.

The company openly cautions that losing the code (or having it reset by a thief) locks you out for good.

That no‑exceptions stance makes sense… until a criminal steals both your phone and passcode, flips the switch, and watches from afar while you plead with Apple reps who say their hands are tied.

Notably, Mathews did not have Apple’s newer Advanced Data Protection turned on. That end‑to‑end encryption mode would render Apple technically powerless. But under standard protection, Apple still holds the decryption keys on its servers. Security expert Lorrie Cranor of Carnegie Mellon University finds Apple’s refusal puzzling:

“Apple isn’t hamstrung by technical limitations; it’s choosing not to return people’s data.” (Washington Post)

Apple’s only public response so far: “We sympathize with people who have had this experience and we take all attacks on our users very seriously, no matter how rare.”

Translation: policy beats pity.

The security patch you probably haven’t enabled

After a wave of press coverage early last year, Apple released Stolen Device Protection in iOS 17.3.

Flip it on, and any would‑be thief who tries to:

must pass a Face ID/Touch ID check. For major changes—like generating a new Recovery Key—there’s also a built‑in one‑hour delay if you’re away from familiar locations. In theory, that buys you time to mark the phone as lost or wipe it remotely.

The catch?

The feature ships off by default, buried several taps deep in Settings. Most users have no idea it exists. As one security analyst told me, “It’s a race against time and a clever thief.”

Mathews clearly lost that race—and he’s not alone.

A brewing class action?

Since Mathews went public, his attorney says at least ten people with “nearly identical stories” have contacted the firm.

Online forums are filling with variations on the same nightmare: phone stolen, Recovery Key hijacked, Apple unmoved. Some critics scoff that victims should have kept offline backups. Others counter that Apple markets iCloud as seamless and secure, so refusing to restore recoverable data feels like a betrayal.

The legal community is watching closely. If a federal judge decides Apple’s absolute policy is unreasonable when ownership can be proven, it could force the company to create a more compassionate recovery channel — or, conversely, double down and push more users toward Advanced Data Protection (where Apple truly can’t help).

Either outcome reshapes the expectations every iPhone buyer carries in their pocket.

5 steps to avoid Michael Mathews’s fate

To wrap things up, here’s the checklist I now share with friends and family:

Use an alphanumeric passcode (10–12 characters if you can stand it). A shoulder surfer is less likely to memorize “B!keTra1l2025” than six digits.

Shield your screen every time you unlock in public; those tiny privacy filters are worth the few dollars.

Turn on Stolen Device Protection: Settings → Face ID & Passcode → Stolen Device Protection. It takes one minute.

Store a copy of your Recovery Key (or Advanced‑Data‑Protection keys) somewhere offline and secure—think password manager or safe deposit box.

Run secondary backups of irreplaceable photos and documents. iCloud is convenient, but redundancy is what keeps disasters from becoming tragedies.

Perhaps most importantly, know that you are racing the thief. The first hour after a phone goes missing is crucial.

If you can reach Apple ID online from another device and change your password before the criminal does, you’ve likely saved yourself months of headaches — and maybe a multimillion‑dollar lawsuit.

Putting it all into perspective

I’m no stranger to long security disclaimers, but Mathews’s story rattled me. It exposes an uncomfortable tension between ironclad privacy and basic customer care.

Apple built a fortress so strong that when crooks slip inside, the rightful owner sometimes can’t get back in. Whether the courts force a redesign or Apple tweaks its policies voluntarily, one thing is clear: the rest of us can’t wait for a verdict to protect ourselves.

Take the five steps above, enable the tools Apple quietly shipped, and — yes — keep a real backup that doesn’t rely on a single 28‑digit code.

Because if your iPhone disappears tomorrow, the only person guaranteed to fight for your digital life is you.



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