Kiip Mobile App Spying Settlement Checks Mailed

Top Class Actions viewers report receiving checks from a Kiip mobile app spying class action settlement worth as much as $14.07.

Class Members included those who used an app integrated with Kiip’s advertising platforms between Jan. 1, 2010 and June 13, 2019.

The apps part of the Kiip class action settlement include but are not limited to: Bingo Casinos, Bingo Vegas, Bubble Pop Rewards, Flick Kick Field Goal Kickoff, GameAir Blackjack, GameAir Video Poker, Hidden Object Rewards, Maze Runner, PrizeLoot, Runkeeper, Solitaire Rewards, Word Finder, Zombie Assault: Sniper, among others.

The Kiip mobile app spying class action lawsuit was filed by Christine Farag and Jessica Vasil in October 2016, in federal court. They claimed that Kiip, a mobile advertising network, worked with the app maker FitnessKeeper, also known as Runkeeper, to steal personal information from users’ computers.

Consumers claimed that FitnessKeeper hired Kiip to send ads to individuals who had used the FitnessKeeper app. According to consumers, Kiip did not inform FitnessKeeper that it was keeping information for its own purposes, and did not inform its consumers.

The plaintiffs argued that this conduct violated the federal Wiretap Act, and Illinois’ eavesdropping statute. The consumers also claimed that Kiip gained unjust enrichment at the expense of consumers’ privacy.

In 2016, Kiip made a move to fight the mobile spying class action lawsuit by arguing that some of the claims should be dropped. U.S. District Judge John Tharp Jr. granted the request to have the wiretapping claims and an element of the state eavesdropping claim dismissed in March 2018. 

The judge determined that geographic location was not information protected under the Wiretap Act, as consumers had claimed.

According to the judge, the law does not include information automatically generated, such as geographic information. Rather, he stated that the law related to the substance of information where “a speaker intended to communicate.” Allegedly, geographic information generated when the app was used did not qualify.

The Kiip spying class action lawsuit was moved from the federal court to an Illinois circuit court in February 2019. Shortly after, the company and consumers reached a settlement agreement.

Kiip denied wrongdoing in the spying class action lawsuit, but agreed to settle the claims with consumers for $1 million in order to avoid the possible risks associated with continuing litigation.

Did you receive a Kiip settlement check in the mail? Let us know in the comment section below.

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The plaintiffs are represented by Myles McGuire, Paul T. Geske and Timothy P. Kingsbury of McGuire Law PC.

The Kiip App Data Collection Class Action Lawsuit is Christine Farag, et al. v. Kiip Inc., Case No. 2019-CH-01695, in the Chancery Division of the Circuit Court of Cook County, Illinois.

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