Cell Phone Users File Privacy Class Action Lawsuit Against T-Mobile, Sprint, AT&T, HTC, Motorola, Apple, Samsung & Carrier IQ.
A privacy class action lawsuit has reportedly been filed against Carrier IQ, Inc. (“Carrier IQ”), AT&T Inc. (“AT&T”), Sprint Nextel Corporation (“Sprint Nextel”), T-Mobile USA, Inc. (“T-Mobile”), HTC America, Inc. (“HTC”), Apple, Inc. (“Apple”), Samsung Electronics America, Inc. and Samsung Telecommunications America LLC (“Samsung”) and Motorola Mobility, Inc. (“Motorola”) (collectively “Defendants”) in the United States District Court for the District of Delaware (styled Jeffrey Pacilli et al v. Carrier IQ et al), alleging, among other things, that three cell phone providers (T-Mobile, Sprint and AT&T) and four manufacturers of cell phones (HTC, Motorola, Apple and Samsung) violated the Federal Wiretap Act, the Stored Electronic Communications Act, and the Federal Computer Fraud and Abuse Act by tracking personal and sensitive information of cell phone users without the consent or knowledge of the users by using “rootkit software” sold by Carrier IQ which allegedly enables continued privileged access to a computer (including smart phones and other mobile phones) while actively hiding its presence from administrators by subverting standing operating functionality and other applications, which software purportedly can collect data about a user’s location, application use, Web browsing habits, videos watched, texts read and even the keys they press, according to the Carrier IQ privacy class action lawsuit complaint.
The Carrier IQ privacy class action lawsuit complaint is reportedly brought pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of a Class of all persons who had a wireless contract with at least one of the Defendant wireless phone carriers – AT&T, Sprint, or T-Mobile – and who used at least one cell phone manufactured and/or distributed by at least one Defendant Manufacturer – Apple, HTC Samsung or Motorola – which contained rootkit software designed and sold by Carrier IQ and whose privacy was violated. Excluded from the Class are the Court and any of the Court’s family members, Defendants, and their officers, directors, employees, affiliates, legal representatives, predecessors, successors and assigns, and any entity in which any of them have a controlling interest.
If You Have Thoughts On The Carrier IQ privacy Class Action Lawsuit, Share Your Class Action Comments Below.
I have had so much trouble with Sprint, and in particular the EVO phone. This is my fourth EVO in one year, and now I am trading for something comparable as this phone is either tracked, or I have had four lemons in a row!! It seems at times as if the phone has a mind of its own, and does what it wants to do. I have spent hours at the Sprint store, hours talking to reps on the phone (when it doesn’t cut me off) not to mention the gas money and most of all the stress and anxiety of not having a phone and having medical problems that requires me to need the use of a phone!!! What happens now, am I automatically included in this class action lawsuit, or do I have to file on my own?? Please advise.
I am on my second sprint apple G4s. The Batteries get hot and the phone dies,
I hav to drive 40 or more mile to exchange the phone, the sprint store 5 miles front my house would not do anything even thought it was the 14th dat 15 by chinessee. The day before sprint tect said I had a bad apple phone and need to replace it by tomorrow, I was told to take it to a rep are center and the walk off. my Phone went dead 3 days later, and again yesterday, I and 50 miles to an apple store. some one has to stop sprint from the rotten customer service.