Facebook Hit With Two Class Action Suits for Controversial Data Practices
Two complaints against the beleaguered tech giant were filed in the U.S. District Court for the Northern District of California over its collecting user data to build profiles.
August 31, 2018 at 12:56 PM
3 minute read
The original version of this story was published on The Recorder
|
California is quickly becoming home to a fight over data collection between big tech and consumers, a number of which have found their way into the courts.
Latest among them are two separate class action lawsuits filed against Facebook on Thursday over perceived violations of user privacy. Filed in the U.S. District Court for the Northern District of California, both complaints are demanding jury trial, alleging that Facebook's sharing of users' data with third parties, particularly mobile device makers, without user consent. In both instances, violations of privacy were brought under California's Constitutional Right to Privacy.
The first complaint, filed by Tycko & Zavareei partner Sabita Soneji, focuses specifically on the company sharing data with “third-party mobile device makers” such as Apple and Samsung despite using practices—like the creation of a login and password—that lead users to believe they can “lock the door to prevent third parties' access to their information.”
Here's the full complaint by Tycko & Zavareei:
The complaint also accuses Facebook of going to great lengths to push users to believe that their “personal information is kept secure,” including from those with which it's sharing data, which is part of ongoing violations of user rights.
The lead plaintiff in the suit, Oakland resident Velma Serina Rankins, accuses Facebook of sharing her information with “nearly 60 device makers” sans her consent, and claims she suffered damages because of such. The class counts all “persons in the United States” with Facebook accounts utilizing privacy settings and accessing said accounts via mobile devices between Aug. 30, 2015, and April 19, 2018, excluding Facebook “officers, agents and employees.” In addition to violations of California residents' constitutional right to privacy, the complaint marks violation of the Stored Communications Act and trespassing to personal property among its nine charges.
Filed by plaintiffs attorney Joshua Watson of the Arnold Law Firm, the second complaint follows suit, charging Facebook over data sharing with mobile device makers. Attorneys from Morgan & Morgan, Abbott Law Group P.A. and the Hannon Law Firm are representing the class, which the complaint names as “all natural persons residing in the United States who registered for Facebook accounts” and had their data shared with device manufacturers.” California resident Susan Hwang, who “owned and used a Facebook account on her mobile device for over five years” and didn't consent to providing mobile device makers access to her data, is listed as lead plaintiff.
Big tech's data collection practices have come under much judicial heat in recent months. Facebook itself was hit with a multidistrict litigation over its sharing of user data with Cambridge Analytica without user consent. Meanwhile, Google was recently hit with a class action complaint over its data collection practices “against the express wishes and expectations of its users.”
Read the second complaint here:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250