Twitter, Instagram, Yelp App Privacy Class Action Settlement

A settlement has been reached in a class action lawsuit against several app developers that alleges certain versions of the apps obtain data from users’ Apple devices in violation of their privacy rights, and that Apple misrepresented the privacy and safety of its iDevices.

If you received from Apple’s App store certain versions of the iOS mobile app for Foodspotting, Foursquare, Gowalla, Instagram, Kik, Path, Twitter and/or Yelp before Feb. 23, 2012, you may be entitled to benefits from the app privacy class action settlement.

The plaintiffs allege that the app developers, with the assistance and cooperation of Apple, caused their apps to secretly upload and store their personal and private address books stored in the Contacts app on iPhones, iPads and iPod devices. In some cases, the apps disseminated the contact information, the app privacy class action lawsuit alleges.

At the same time Apple was allegedly allowing these apps to collect address book data, it was misrepresenting to consumers that its devices were secure and that the personal identification contained in them could not be taken without the users’ consent.

“Plaintiffs allege that, as a result of Apple’s conduct, Plaintiffs and millions of other people purchased iDevices reasonably believing that they were secure when, in fact, they are not, and then downloaded Apps, including the Apps manufactured by the App Defendants, and suffered the unexpected and unauthorized theft of their personal data,” the Apple app privacy class action lawsuit states.

The app developers deny the allegations and maintain they have done nothing wrong. However, they have agreed to settle the app privacy class action lawsuit to avoid the burden, expense and uncertainty of ongoing litigation.

A claim against Apple for misrepresentation is still pending and is not affected by this proposed app privacy class action settlement.

Under the terms of the proposed iOS app privacy class action settlement, the defendants will pay $5.3 million to settle claims that used the Find Friends feature of the apps.

Class Members who would like to object to or exclude themselves from the app privacy class action settlement must do so no later than Nov. 10, 2017.

UPDATE: On Jan. 17, 2018, a California federal judge asked the U.S. Department of Justice to investigate nearly 6,000 potentially fraudulent claims of privacy violations in a class action settlement with tech giants including Twitter, Yelp and Instagram.

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!

Who’s Eligible

Class Members include anyone who falls into one or more of the following categories:

• You downloaded and activated a copy of versions 2.5 through 3.1 of the iOS app called Foodspotting on your Apple iPhone, iPod or iPad, and activated the “Find iPhone Contacts” feature between Aug. 9, 2011 and Feb. 19, 2012.
• You downloaded and activated versions 1.1 through 4.2 of the iOS app called Foursquare and, between April 4, 2009 and Feb. 14, 2012, activated the “Add Friends” feature or, for versions 3.1 through 4.2, registered as a Foursquare user on your Apple device through the Foursquare mobile app.
• You downloaded versions 1.5.0 through 4.1 of the iOS app called Gowalla and, bewten Feb. 23, 2010 and Feb. 23, 2012, you selected a checkbox stating “Automatically connect with friends from my address book” and pressed a “Let’s Get Started” button, and/or you pressed a “Find Friends” button and an “Address Book” button.
• You owned an Apple iDevice on which you registered an account for versions 1.0.0 through 2.0.7 of the Instagram app from Apple’s App Store and utilized the Find Friends feature of the Instagram app between Oct. 6, 2010 and Feb. 10, 2012.
• You downloaded, installed and registered the Kik app on your Apple iDevice and, after installing version 5.4.0, you utilized the Suggested Friends feature between Dec. 22. 2011 and Feb. 11, 2012, and your contact data was uploaded to Kik’s servers in a non-hashed format.
• You received from Apple’s app store a copy of version 2.0 through 2.0.5 of the iOS mobile app called Path, and you registered and activated the Path app on your Apple iDevice between Nov. 29, 2011 and Feb. 7, 2012.
• You activated a copy of version 3.3 through 4.0.1 of the iOS Twitter app between March 11, 2011 and Feb. 21, 2012 and activated the “Find Friends” feature of the mobile app.
• You received from the Apple App Store a copy of versions 4.0.0 through 5.6.0 of the iOS mobile app called Yelp and activated the app’s “Find Friends” feature on your Apple iDevice between Jan. 16, 2010 and Feb. 22, 2012.

Potential Award

To be determined, based on the total number of Class Members who make claims and the number of apps used by claimants.

Payments will be distributed as an Amazon.com credit. Class Members may choose to receive a postcard check instead, but 35 cents will be deducted from the payment to cover postage.

Proof of Purchase

If you received notice of this app privacy class action settlement, you must provide your Class Member Identification Number to be eligible for benefits.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

11/10/2017

Case Name

Opperman, et al. v. Kong Technologies Inc., Case No. 13-cv-00453-JST, in the U.S. District Court for the Northern District of California

Final Hearing

12/14/2017

UPDATE: The Twitter, Instagram, Yelp App Privacy Class Action Settlement was granted final approval on March 27, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.iOSAppSettlement.com

Claims Administrator

Opperman et al. v. Kong Technologies
KCC LLC, Claims Administrator
P.O. Box 404000
Louisville, KY 40233-4000
1-855-202-3398
admin@IOSAppSettlement.com

Class Counsel

KERR & WAGSTAFFE LLP
PHILLIPS ERLEWINE GIVEN & CARLIN LLP
EDWARDS LAW
LAW OFFICES OF CARL F. SCHWENKER
GARDY & NOTIS LLP

Defense Counsel

Counsel for Yelp: 
Michael H. Page
DURIE TANGRI LLP

Counsel for Twitter:
James G. Snell
Julie E. Schwartz
Lauren B. Cohen
Ryan T. Mrazik
John R. Tyler
PERKINS COLE LLP

Counsel for Path: 
Tyler Newby
Jedediah Wakefield
Kathleen Lu
FENWICK & WEST LLP

Counsel for Gowalla:
Harmeet K. Dhillon
Krista Baughman of
DHILLON LAW GROUP INC.