Mobile Advertiser MoPub Faces Privacy Class Action Lawsuit

A California class action lawsuit was filed against MoPub, a mobile advertising company owned by Twitter. The class action complaint alleges that MoPub partnered with Verizon to track web browsing activity from anyone with a Verizon smartphone and data plan.

“Verizon subscribers are subject to having their information stored and used for commercial gain from a company they are completely unaware exists, simply because they subscribe to a popular cell phone carrier, Verizon Wireless,” the MoPub class action lawsuit states.

The class action lawsuit alleges that MoPub is able to “inject” a unique tracking number into internet browsers on cell phones that use Verizon Wireless. The complaint refers to that tracking number as a “supercookie” that allows MoPub to track and store a user’s browsing history.

“The tracking ID is virtually undetectable, even by computer experts, making users unaware they are being tracked,” according to the MoPub privacy class action lawsuit. “Moreover, it’s almost indestructible so users cannot get rid of it.”

The class action lawsuit declares that MoPub’s mobile web browser tracking is an unfair business practice, and violates California privacy laws.

According to the privacy class action lawsuit, MoPub “unfairly invaded the privacy of Verizon subscribers by tracking and storing their personal browser history without their consent or knowledge; sold that information to third parties for private gain, without the subscribers’ knowledge or consent; continued to store that information without providing an option to opt out of such tracking and storage; and used ‘respawning’ cookies which could not be detected.”

Plaintiff Shamma Singh states that she purchased a Verizon Wireless data plan in 2011, and since then has used her Verizon phone to browse online and access applications between two to five hours a day. She states that MoPub has tracked her internet use without her knowledge or consent, and used it to build a personal profile which it then used to send targeted advertising to her.

The MoPub website has an opt-out provision, which is “wholly ineffective” according to the class action lawsuit. First, the complaint argues, consumers have no way of knowing MoPub is tracking their web usage, so they have no reason to visit the website. Second, the opt out gives MoPub the option to stop using targeting advertising to that individual, but does not stop the collection of mobile tracking of Verizon Wireless subscribers.

The MoPub privacy class action lawsuit seeks to create a Class of all California residents “who have subscribed to Verizon Wireless and accessed the internet or applications on their mobile devices.” The plaintiff asks for damages for Class Members, as well as banning MoPub from continuing to collect, store, and sell Verizon Wireless subscribers’ web browser data.

Verizon Wireless is currently litigating another class action lawsuit over its “supercookies.”

Plaintiff Shamma Singh is represented by Brian S. Kabatek, Joshua H. Haffner, and Kevin S. Conlogue of Kabateck Brown Kellner LLP.

The MoPub Mobile Privacy Class Action Lawsuit is Singh v. MoPub Inc., Case No. BC601072, in the California State Superior Court for the County of Los Angeles – Central.