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.
Access the Heeger v. Facebook complaint here. Contact us at Ossian Law regarding any information technology law question.
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UPCOMING PRESENTATIONS & WORKSHOPS
“Social Media and User Data – Is the Pendulum Shifting?”
Thursday, December 20th — 7:00 to 8:30 PM
Inventor’s Association of Metropolitan Detroit
Lawrence Technological University, 2100 W. Ten Mile Rd., Southfield, MI 48076
Social media has become an integral part of our business and personal lives. In the wake of the Facebook-Cambridge Analytica revelations, social media platforms are facing increasing scrutiny on a number of fronts over user data policies and practices. Investigations by the Federal Trade Commission and state attorneys general and recent Congressional hearings have heightened calls for regulation. The pervasive nature of social media use and the lack of comprehensive privacy laws to date underscore the challenge of rolling out meaningful, practical regulations. Kathy Ossian of Ossian Law P.C. will cover:
- Examples of use and sharing of data to disseminate false information and influence elections
- Effectiveness of platform self-regulation of content, including hate speech and “fake news”
- Impact of changes in data sharing practices on users, developers, advertisers and customers
- Potential regulation models
Information about registration available here.
“2019’s Hot Topics in Information Technology Law”
Thursday, January 24, 2019 — 5:30 to 7:00 PM
Ossian Law P.C., 701 Woodward Heights, Suite 117, Ferndale, MI 48220
Changes and ramifications of social media platforms’ treatment of user data, hacking risks of “smart cities”, a legal update on cyberinsurance, and new international and state privacy laws and regulations are just a few of the topics that Kathy Ossian will cover in this annual informative and interesting session. Hear how new technologies may impact your organization and gain insight toward minimizing risk and liabilities. Complimentary admission includes heavy hors d’oeuvres. Networking from 5:30-6:00 with the presentation from 6:00 to 7:00. Space is limited so register here today!
PLI Social Media Law Addressing Corporate Risks 2019 “View from the Trenches” –Kathy Ossian, moderator
Friday, February 1st — 4:00 to 5:00 PM
PLI California Center, 685 Market Street, San Francisco, California 94105
Wednesday, February 13th — 4:00 to 5:00 PM
PLI New York Center, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036Registration for San Francisco and New York available here.
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