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Apple and Twitter fail to escape App Store privacy class action

By Kathryn Rattigan on March 26, 2015
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On March 24, 2015, U.S. District Court Judge Jon S. Tigar determined that the plaintiffs in a privacy class action against Apple, Inc. (Apple) and Twitter Inc. (Twitter) sufficiently alleged that they relied on Apple’s advertisements boasting the security of its mobile devices, and that Twitter and other mobile app developers invaded their privacy by collecting their contacts from their mobile devices without consumer knowledge. Attorney for the plaintiffs stated, “It’s been a very hard-fought case, and we’re glad that we’re finally able to move into discovery phase. It’s a good day for privacy, and for users of Apple products and the Internet in general.”

Judge Tigar applied a six-part test commonly used in tobacco advertisement cases to determine whether Apple’s misrepresentations met the criteria necessary for the class action to proceed. Judge Tigar determined that the plaintiffs can indeed make these fraud-based allegations based on extensive, long-term advertising campaigns without necessarily identifying specific statements made by Apple that were misleading.

Twitter and other mobile app developers asked Judge Tigar to dismiss the allegations that they invaded consumers’ privacy by accessing contacts on Apple devices, but the Court rejected Twitter’s plea and concluded that while consumers may have been aware that certain mobile apps would require access to their personal contacts in order to function properly, these plaintiffs did not know that the information would be used in unauthorized ways. The key to complying with privacy laws and steering clear of the courtroom seems to be transparency with the consumer.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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