Twitter, Instagram, Yelp Settle App Privacy Class Action Lawsuit

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.

If U.S. District Court Judge Jon S. Tigar agrees, the settlement would put to rest claims in a consolidated class action lawsuit that accused the companies of violating Apple users’ privacy when accessing the apps through their mobile operating system.

“The Settlement Agreement falls well within the ‘range of reasonableness’ applicable at the preliminary approval stage. The App Defendants deny that they are liable or that any class member was harmed, but do not oppose this motion and will cooperate in the settlement process,” the app companies state in their motion.

The consolidated class action alleged that the app companies designed their programs to access the personal information of Apple users under the iOS system without users’ knowledge or permission. The $5.3 million agreement would settle claims for invasion of privacy and intrusion against Twitter, Yelp, Instagram, Foursquare, Foodspotting, Gowalla, Kik Interactive, and Kong Technologies, formerly known as Path.

“The settlement agreement is the product of protracted and highly adversarial litigation, spanning five years and reflected in the case’s procedural history before the court, together with extensive and complex negotiations between and among the parties and their experienced and informed counsel,” assert the app companies in their motion.

Although the app companies are seeking settlement, the computer company Apple still faces claims for misrepresentation under the consolidated class action.

Yelp had argued that the case should be dismissed, but Judge Tigar refuted the company’s motion saying that a jury should decide the facts.

“While plaintiffs defeated Yelp’s ‘bell-weather’ summary judgment motion, liability remains highly disputed in the case,” say the app developers in their motion supporting the settlement agreement. “So does the question of whether claims of some or all of the settlement class should be certified.”

Only one proposed Class has been certified in the class action. Last summer, Judge Tigar certified a Class against Path, now Kong Technologies, for a claim for invasion of privacy

If approved, the settlement agreement will apply to nearly 7 million users who downloaded iOS versions of the apps for their Apple devices. The users must also have activated the “Add Friends,” “Find Friends” or “Suggested Friends” feature in the app they downloaded to be a Class Member. The proposed class period is between 2009 and 2012.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Phillips Erlewine & Given LLP, The Law Offices Of Carl F. Schwenker, Edwards Law, Gardy & Notis LLP, The Law Offices Of Martin S. Bakst, Strange & Carpenter, and Joseph H. Malley Law Office, among others.

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

UPDATE 2: On June 6, 2018, Top Class Actions viewers started receiving checks in the mail worth 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!