I feel like you could have a viable case, only IF, you also own and use an iPhone. If your own device is used as the method, or even supplemental method, for providing the location to the tracker itself and thus forwarding those details to Apple - at which point they are provided by Apple to the tracker owner... You really start getting into direct involvement by Apple in providing very accurate and timely location details of someone who is unknowingly being tracked. Layered with the time delay in notification of the 'tracked' carrier or known carrier companion - it really feels like a compelling case. Especially if damages can be shown (physical, mental or otherwise).
#notalawyer