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The Courts Cellphones Privacy

Lawsuit Accuses Amazon of Secretly Tracking Consumers Through Cellphones (msn.com) 10

A proposed class-action lawsuit accuses Amazon of secretly tracking consumers' movements through their cellphones via its Amazon Ads SDK embedded in third-party apps, allegedly collecting sensitive geolocation data without consent. The complaint, filed by a California resident in a San Francisco federal court, claims Amazon violated state laws on unauthorized computer access in the process. Reuters reports: This allegedly enabled Amazon to collect an enormous amount of timestamped geolocation data about where consumers live, work, shop and visit, revealing sensitive information such as religious affiliations, sexual orientations and health concerns. "Amazon has effectively fingerprinted consumers and has correlated a vast amount of personal information about them entirely without consumers' knowledge and consent," the complaint said.

The complaint was filed by Felix Kolotinsky of San Mateo, California, who said Amazon collected his personal information through the "Speedtest by Ookla" app on his phone. He said Amazon's conduct violated California's penal law and a state law against unauthorized computer access, and seeks unspecified damages for millions of Californians.

Lawsuit Accuses Amazon of Secretly Tracking Consumers Through Cellphones

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  • by Anonymous Coward

    Those apps use Amazon's Ads SDK are specifically used by aps that are ad-supported.
    I wonder if the Ookla app had fine-print saying in exchange for using the "free" ad-supported app, you agree that tracking data is collected...

    • Re:Alright (Score:4, Insightful)

      by DeanonymizedCoward ( 7230266 ) on Thursday January 30, 2025 @06:40PM (#65131395)

      Ookla Speedtest requests a bunch of creepy permissions, including always-on background location access and telephony access, "to improve the quality of your results" or some similar claptrap. With which it can, of course, track and report your location at all times, and acquire your phone number, IMEI, carrier info, and a variety of other unique info.

      It still works if you deny all these permissions, but it's probably doing other sleazy stuff anyway. Their Privacy Policy [speedtest.net] says that "if settings choices permit," they collect precise location data, for marketing.

      I don't really feel like I need an app for this, if I want to run a speedtest, the web version works fine on my phone.

  • Seriously (Score:4, Informative)

    by JustAnotherOldGuy ( 4145623 ) on Thursday January 30, 2025 @06:33PM (#65131383) Journal

    Seriously, is there anyone that thought Amazon wasn't doing this?

  • by hwstar ( 35834 ) on Thursday January 30, 2025 @06:47PM (#65131411)

    in their terms of service force this to be arbitrated instead of going through the courts? I'm no lawyer. It may be that since state penal codes are involved, they might not be able to do this. I would expect them to attempt to compel arbitration if they think they thought could get away with it.

    Arbitration screws the consumer/employee over because there is no jury, and the rulings are kept private.

    • If the spyware breaches federal law (unikkely), then Amazon cannot hide behind arbitration

      IANAL but assume if the app's ToS don't specifically name Amazon as a partner, then Amazon can't make any rules. Then, the deal is between subscriber and software developer.

  • by Anonymous Coward

    It doesn't matter what Amazon wants to say here they were tracking people without their informed consent and they were also tracking children without their parents consent.

    The judge should find them in violation of the Computer Fraud and Abuse Act.

  • Amazon will cough up billions, the law office will get 75%, and each user that files a claim will get a 10 dollar amazon card LOL
  • CFAA violations are a felony, drag Bezos straight to the fucking gulag. California allows for citizen's arrest. If he's in the state, find him and apprehend him.

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