AT&T Tells Court: Customers Can't Sue Over Sale of Phone Location Data
Freeman writes:
AT&T is trying to force customers into arbitration in order to avoid a class-action complaint over the telecom's former practice of selling users' real-time location data.
[...] The class-action complaint [(pdf)] was filed in July against AT&T and two location data aggregators called LocationSmart and Zumigo. "AT&T used LocationSmart and Zumigo to manage the buying and selling of its customers' real-time location data," the lawsuit said. The lawsuit seeks monetary damages for customers, an injunction preventing AT&T from selling location data, and certification of a class including all AT&T wireless subscribers between 2011 and the present "whose carrier-level location data AT&T permitted or caused to be used or accessed by any third party without proper authorization."
The lawsuit says:
Despite vowing to its customers that it does not "sell [their] Personal Information to anyone for any purpose," AT&T has been selling its customers' real-time location data to credit agencies, bail bondsmen, and countless other third parties without the required customer consent and without any legal authority. AT&T's practice is an egregious and dangerous breach of Plaintiffs' and all AT&T customers' privacy, as well as a violation of state and federal law.
AT&T previously denied that selling phone location data was illegal, even though Section 222 of the Communications Act says phone companies may not use or disclose customer location information "without the express prior authorization of the customer." The lawsuit alleges that AT&T violated the Communications Act, the California Unfair Competition Law, the California Constitution's right to privacy, and the California Consumers Legal Remedies Act.
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