Grindr Class Action Says App Sells Users’ Info

A class action lawsuit has been filed against Grindr Inc. by users who claim that the social networking company sells their information to the “highest bidder” without getting consent from their customers or telling them who they are selling it to.

According to plaintiff Robert Bergeron, some of the data that gets sold includes chat message text, chat message images, e-mail addresses, display name, gender, pronouns, HIV status, and other personal information that the user enters into the Grindr app.

The Grindr app is dubbed as the “world’s largest social networking app for gay, bi, trans, and queer people,” meaning that the plaintiff and other users have no other option than to use Grindr since there are no real competitors in the marketplace.

“Because defendant’s service is targeted towards groups which have been victims of hate crimes and discrimination, the non-disclosure of this practice to plaintiff and class members shocks the conscience,” the plaintiff states.

Bergeron also claims that he and putative Class Members have a “reasonable expectation of privacy” in their personal chat messages with other users.

“Plaintiff did not expect defendant would disclose his private information to unidentified third-parties without his consent, especially because it identified one of these parties,” the Grindr class action lawsuit states.

Bergeron says Grindr uses a Supply-Side Platform (SSP) to install software development kits (SDK) on a user’s phone. He states that Grindr uses SDKs from numerous companies, but most significantly one called MoPub, which is owned by Twitter.

MoPub allegedly collects this user data and then gives this information to advertisers who then engage in real-time bidding (RTB). According to the Grindr class action, the winner of the RTB gets to display ads back to the user.

The plaintiff claims that Grindr’s privacy policy only tells the user about one of numerous advertising partners, which is MoPub, and then directs the user to review MoPub’s privacy policy.

“Defendant instructs its users to read the privacy policies of MoPub’s more than 160 partners prior to indicating their consent,” the Grindr class action lawsuit states.

The plaintiff argues that it is impossible to read all of these privacy policies because the app automatically closes during the time it takes to read the policies.

The Grindr class action lawsuit notes that Android users are specifically disadvantaged because the settings to opt out of “interest based ads” on the Google Android phone are difficult to navigate through.

An article from the New York Times claims that other companies like OkCupid and Tinder are also collecting information and selling their users, citing a report by the Norwegian Consumer Council – a non-profit organization in Oslo.

The plaintiff alleges that Grindr has violated New York General Business Laws (Consumer Protection from Deceptive Acts), New York Civil Rights Law § 51, and adds claims of Trespass to Chattels, Intrusion Upon Seclusion, Breach of Contract, Negligence and Negligence Per Se, and Unjust Enrichment.

What do you think of Grindr allegedly auctioning off user data? Leave a message in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates.

The Grindr Privacy Class Action Lawsuit is Robert Bergeron v. Grindr Inc., Case No. 7:20-cv-00875, in the U.S. District Court for the Southern District of New York.

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