Two recent class action-styled lawsuits have been filed against Facebook and Google, respectively, for allegedly tracking and storing user location data even after the user had turned off location tracking features.
In Heeger v. Facebook, Inc., the plaintiff claims that misleading conduct by Facebook “not disclos[ing] that turning ‘off’ Location History will have no impact on Facebook’s tracking, collection, and storage of users’ private location data.” Similar factual allegations are being made in Lee v. Google, Inc. Specifically, that statements made by Google lead users to believe that turning off Location History would disable that feature across all devices associated with a user’s account; instead, users must make changes in account settings in order to stop the data collection.
Both cases are pending in federal court in California. Claims asserted between the lawsuits include violation of the federal FTC Act and Stored Communications Act and violation of various state laws, including the California Invasion of Privacy Act and California’s constitutional right of privacy and the Colorado Consumer Protection Act.
© 2018 Ossian Law P.C.