Between Dec. 1 and Dec. 15 more than 51 putative class actions were filed against Carrier IQ Inc. and 11 other mobile wireless service providers and mobile device manufacturers in state and federal jurisdictions across the country. In the various actions, the plaintiffs have asserted claims for (1) violation of the Federal Wiretap Act 18 U.S.C. §2511; (2) violation of the Stored Electronic Communications Act 18 U.S.C. §2701; and (3) violation of the Computer Fraud and Abuse Act 18 U.S.C. §1030.
Plaintiffs’ claims are based upon the allegation that “Carrier IQ sells rootkit software designed to help wireless service providers and device makers identify and diagnose service and quality-related problems such as dropped calls and battery drain.” Plaintiffs also contend that last month a blogger discovered that Carrier’s software was “surreptitiously logging and transmitting … sensitive information from consumers’ mobile phones.”
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