Class Action Lawsuit Claims Lenovo Installed Spyware in PCs

Last week, another class action lawsuit was filed against Lenovo Group Ltd., alleging that the computer company designed and manufactured its products with preloaded spyware that would allow for remote monitoring of users’ Internet activity.

Lead plaintiff Jessica N. Bennett filed the class action lawsuit in California federal court. In her filing, the plaintiff alleges that Lenovo used spyware produced by Superfish Inc., another defendant named in the spyware class action lawsuit, when it manufactured its personal computers. According to the plaintiff, the spyware not only violates state and federal privacy laws because it is designed to remotely monitor users’ Internet activity, it results in computer slowdowns, increased bandwidth and memory usage, and pop-ups.

“[Lenovo’s] installation of Superfish on plaintiff’s computer and the interception of confidential information violated several federal and state laws concerning computer privacy,” the Lenovo class action lawsuit alleges. “The spyware tracked plaintiff’s Internet use, invaded her privacy, and damaged [the plaintiff’s] computer,” the complaint continues.

Bennett alleges in her class action lawsuit that she bought a Lenovo Yoga 2 laptop in late 2014. According to the Lenovo class action lawsuit, inappropriate pop-up advertisements began interrupting the plaintiff’s use of the computer for her blog writing business when she visited various websites. The plaintiff alleges that after doing some research she concluded that her Lenovo laptop was “infected” with the spyware.

“[Lenovo] sold new computers with harmful and offensive spyware and/or malware,” Bennett alleges in her spyware class action lawsuit. “The Spyware tracked Plaintiff’s Internet use, invaded her privacy, and damaged her computer. Relying on Spyware as the key to getting inside Plaintiff’s computer and learning her Internet browsing habits, Defendants invaded Plaintiff’s privacy and interfered with Plaintiff’s right to use and enjoy her computer. Defendants’ misconduct also substantially diminished the value of her property. The putative classes in this case have been violated and damaged in the same ways.”

Bennett argues that the installation of the Superfish software violated the Electronic Communications Privacy Act and California’s Invasion of Privacy Act and Unfair Competition Law. The plaintiff indicates that she seeks unspecified damages. She proposes to represent a nation- and state-wide Class of buyers who bought computers with the Superfish program preinstalled on it from January 2012 to the present.

On Thursday, in response to a number of news reports about the allegedly harmful spyware as well as complaints, Lenovo added a statement to its website indicating the company had ceased using Superfish this year and providing instructions on how to remove the software. “We acted swiftly and decisively once these concerns began to be raised,” Lenovo contended in its statement. “We apologize for causing any concern to any users for any reason — and we are always trying to learn from experience and improve what we do and how we do it.”

Earlier this month, Lenovo was hit with a class action lawsuit alleging it misrepresented the battery life of its Yoga 2 Pro laptops.

Bennett is represented by Alexander M. Schack and Natasha A. Naraghi of Law Offices of Alexander M. Schack, Geoffrey J. Spreter of Spreter Legal Services APC and E. Elliot Adler of Adler Law Group APLC.

The Lenovo Superfish Spyware Class Action Lawsuit is Jessica N. Bennett v. Lenovo (United States) Inc., et al., Case No. 3:15-cv-00368, in the U.S. District Court for the Southern District of California.

UPDATE: On Feb. 12, 2016, Superfish settled its portion of the spyware class action lawsuit by agreeing to pay $1 million and help in the continued lawsuit against Lenovo.

UPDATE 2: On July 22, 2016, plaintiffs filed a motion asking the judge to certify the Lenovo Adware class action lawsuit.

UPDATE 3: On Oct. 27, 2016, a California federal judge granted class certification for the Lenovo Adware litigation after rejecting some claims. 

UPDATE 4: On Jan. 30, 2018, claims in a class action lawsuit alleging Lenovo preinstalled secret monitoring devices on computers were further trimmed by a federal judge. Lenovo successfully argued that class action claims under New York’s consumer protection laws should be dismissed.

UPDATE 5: January 2019, the Lenovo adware class action settlement is now open.Click here to file a claim.

UPDATE 6: On Nov. 12, 2019, Top Class Actions viewers started receiving checks in the mail worth up to $244.52. Congratulations to everyone who filed a claim and got PAID!