Twitter Fights Apple iOS App Privacy Class Action

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Twitter Inc. argued that a class action alleging its “Find Friends” app violates users’ privacy should be dismissed because the users allowed Twitter to access their personal contacts.

Lead plaintiff Marc Opperman alleged in his class action lawsuit that Twitter, and a number of other app developers for Apple’s iOS operating system, violated users’ privacy by designing apps to upload and disseminate private information, including personal contacts, from their mobile devices without consent.

Class action claims were brought against Twitter, as well as Instagram Inc., Path Inc., Yelp Ins., Facebook Inc., and Apple.

The complaint alleges that these, and other app developers, failed to warn users that their private information may be compromised when they download certain apps.

In their motion to dismiss class action claims against them, Twitter argues that users were informed and gave permission for Twitter to access address books. Additionally, Twitter argues that users’ personal contacts are not disclosed to third parties.

“Even setting aside consent, Twitter should prevail on plaintiffs’ claim,” says Twitter in its motion. “The undisputed evidence rules out any suggestion that Twitter’s actions were ‘highly offensive’ to a reasonable person. Twitter did not surreptitiously spy on plaintiffs or invade their bodily privacy. Nor did it lie or trick plaintiffs to gain access to their information.”

According to Twitter’s motion to dismiss the class action lawsuit, users consent to Twitter’s collection and use of their personal contacts when they agree to the “Terms of Service and Privacy Policy” to use the “Find Friends” app. Twitter also contends that the app is voluntary and doesn’t collect names, only phone numbers and email addresses.

“To create a Twitter account, a user must accept Twitter’s Terms of Service and Privacy Policy,” points out Twitter in its motion. “The Privacy Policy that users agree to provides that ‘[w]hen using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.’ Twitter’s Privacy Policy expressly covered address book data: it explained that users may customize their Twitter accounts with ‘information such as . . . your address book so that we can help you find Twitter users you know.’ Accordingly, Twitter users necessarily accepted Twitter’s TOS, and in so doing, consented to the data collection and uses described in that agreement.”

The class action consists of cases against Apple iOS app developers that were consolidated. The plaintiffs bring a claim for intrusion upon seclusion against Twitter, which means the plaintiffs allege that Twitter’s access and use of users’ private information was “highly offensive to a reasonable person.”

“Twitter’s conduct is a far cry from the behavior that California courts have found actionable in seclusion cases,” argues Twitter. “Twitter did not secretly record or spy on plaintiffs, let alone in a traumatic private circumstance. Nor did Twitter invade plaintiffs’ bodily privacy.”

Opperman is represented by David M. Given, Nicholas A. Carlin and Conor H. Kennedy of Phillips, Erlewine, Given & Carlin LLP, Michael von Loewenfeldt, James M. Wagstaffe and Frank Busch of Kerr & Wagstaffe LLP and Carl F. Schwenker.

The Apple iOS App Privacy Class Action Lawsuit is Marc Opperman, et al. v. Path Inc., et al., Case No. 3:13-cv-00453, in the U.S. District Court for the Northern District of California.

UPDATE: On July 15, 2016, a California federal judge partially certified a class action lawsuit filed by Path users who claim Apple Inc. let the app access their contacts on their smartphones.

UPDATE 2: On Aug. 11, 2016, the plaintiffs in a class action lawsuit accusing a host of app developers and Apple Inc. of improperly harvesting user data without permission argued that Twitter knowingly violated their privacy because it only began asking permission to access users’ address books after public outcry over the practice.

UPDATE 3: On Sept. 9, 2016, Yelp will continue to face a privacy rights class action lawsuit alleging it made unauthorized use of users’ address book data, following a federal judge’s denial of the company’s motion for summary judgment.

UPDATE 4: On April 3, 2017, several app companies, including Twitter, Yelp, and Instagram, asked a federal judge to sign off on a $5.3 million preliminary settlement deal that would resolve a mobile app privacy class action lawsuit.

UPDATE 5: The Twitter, Instagram, Yelp App Privacy Class Action Settlement is now open. Click here to file a claim. 

UPDATE 6: On June 6, 2018, Top Class Actions viewers started receivingchecks in the mailworth as much as $94.55 from a class action settlement over alleged privacy violations by developers of certain apps available on the iOS mobile app. Congratulations to everyone who filed a claim and got PAID!