Apple iOS- or Android-based wireless mobile devices owners who acquired certain Apps from Apple’s AppStore, Google’s Android Market, Amazon.com’s Appstore for Android, including Path, Twitter, Facebook, Instagram, Foursquare, Gowalla, Beluga, Foodspoting, Yelp!, Hipster, Kik Messenger, LinkedIn, AngryBirds, or Cut the Rope, file class action lawsuit complaint over alleged address book data privacy violations.
A class action lawsuit has reportedly been filed against Path, Inc., Twitter, Inc., Apple, Inc., Facebook, Inc., Beluga, Inc., Yelp! Inc., Burbn, Inc., Instagram, Inc., Foursquare Labs, Inc., Gowalla Incorporated, Foodspotting, Inc., Hipster, Inc., LinkedIn Corporation, Rovio Mobile Oy, ZeptoLab UK Limited aka ZeptoLab, Chillingo Ltd., Electronic Arts Inc., and Kik Interactive, Inc. (collectively “Defendants”) in the United States District Court for the Western District of Texas (styled Opperman v. Apple, Twitter, Yelp, et el. , Class Action Case. No 1:12-cv-00219) alleging, among other things, that several of world’s largest and most influential technology and social networking companies have made, distributed and sold mobile software applications (“Apps”) that, once installed on a wireless mobile device, surreptitiously harvest, upload and illegally steal the owner’s address book data without the owner’s knowledge or consent, according to the Apple iOS & Android Based Mobile Wireles Device App Address Book Data Privacy class action lawsuit complaint.
Plaintiffs bring this action as a class action under Rules 23(a), 23(b)(1),23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of a putative Class of similarly situated persons consisting of:
Plaintiffs and all owners of iOS- or Android-based wireless mobile deviceswho acquired from Apple’s AppStore, Google’s Android Market,Amazon.com’s Appstore for Android any App that without the owner’sprior effective consent accessed, copied, uploaded, transferred, broadcastand/or otherwise used any portion of the owner’s address book data(including, for example, contact names, phone numbers, physical or e-mail addresses, job titles, birthdays, etc.) that the owner had transferredonto the owner’s wireless mobile device, specifically including any of thefollowing Apps: Path, Twitter, Facebook, Instagram, Foursquare, Gowalla,Beluga, Foodspoting, Yelp!, Hipster, Kik Messenger, LinkedIn, AngryBirds, or Cut the Rope and other unknown Apps having similar address book data harvesting functionalities, (the “Class”) and were damagedthereby.
The Apple iOS & Android Based Mobile Wireles Device App Address Book Data Privacy class action lawsuit complaint reportedly asserts claims for, among other things, alleged invasion of privacy, violations of TEX. PENAL CODE §§ 16.02(b) (intentional interception, disclosure or use of wire or electronic communication), 31.03 (consolidated theft offenses) and 33.02 (breach of computer security), negligence, common law misappropriation, theft under the Theft Liability Act (TEX. CIV. PRAC. & REM. CODE ANN. §134.001, et seq, civil liability under the Texas Wiretapping Act for intentional interception, disclosure or use of wire or electronic communications (TEX. CODE CRIM.PROC.Art. 18.20, §16(a)), conversion, unjust enrichment, theft of Plaintiffs’ private information and unlawful interception of, access to, broadcast and use and transmission in interstate commerce of Plaintiffs’ data and electronic communications in violation of the Electronic Communication Privacy Act (18 U.S.C. § 2701, et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030(g)) and common law, and violations of the Racketeer Influenced & Corrupt Organizations Act (including under 18 U.S.C. §§ 1343 (wire fraud), 1961 – 1964 (civil liability for racketeering activities and conspiracies), and 2314 (transportation of stolen property)) and such other state laws protecting individuals’ privacy or prohibiting the unauthorized access and/or use of others’ communications, computers or data.
The Apple iOS & Android Based Mobile Wireles Device App Address Book Data Privacy class action lawsuit complaint reportedly seeks, among other things, actual, compensatory, incidental, consequential, statutory, and/or nominal damages, statutory treble damages, exemplary and punitive damages, injunctive relief, pre-judgment interest, post-judgment interest and attorneys’ fees and costs.
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I agree totally. I bought this android tablet for my granddaughter to play games on and she cannot even download her angry birds app. Only ones we can put on there for her are not the original games. So the idea of buying a tablet was useless
Thank you
If there is indeed such a substantial and multi-client issue with Android
and iPad, I would need to join in the lawsuit given the fact that I temporarily used Linked In services affiliated with Healthcare and physicians discussions, and this could have compromised my privacy and that of those I communicated with. In addition, I would sometimes receive Limked In messages from those I did not know or even a case when I knew the other party, yet they insisted they did not contact me through through Linked In. Advise what states this class action lawsuit pertains to.
Thank you
I just bought an Android Impression tablet and when i was downloading game there where some it wouldn’t let me dl, like angrybirds. And a few dl but it wouldnt let us play and I can not play my games on facebook at all whih is the real reason we got this tablet for me, I have a bad back and neck problems and can’t seat at a desk, we bouht this tablet so I could get online and play my games on facebook, if I had known i couldnt play my games I would not have bouht this tablet. And it has dl a address book that I have no clue where it came from, so after reading this I too need to know where to file suite