Weather Channel settles geolocation data privacy class action

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

UPDATE: 

• The Weather Channel mobile app’s operator has settled a class action lawsuit alleging it was “fraudulently collecting, maintaining, and then profiting off of users’ valuable geolocation data.”
• In an order filed April 25 in a California federal court, U.S. District Judge Jon S. Tigar said the case could be closed with prejudice after the parties advised the court they had agreed to a resolution. 
• The Weather Channel class action lawsuit alleged TWC Product and Technology tracked the physical locations of app users without their permission or knowledge, then sold that information to third parties. 
• The parties are finalizing the settlement, they said. 
• “Accordingly, the parties respectfully request that the court enter an order setting a date in early June 2023, by which time the parties will be able to either (1) confirm the matter has been resolved and file the paperwork necessary to finalize that resolution or (2) file a joint status report advising on the status of the ongoing matter.”

(July 2, 2020)

A California consumer claims The Weather Channel mobile app’s operator is “fraudulently collecting, maintaining, and then profiting off of users’ valuable geolocation data.”

The Weather Channel class action lawsuit alleges that TWC Product and Technology tracks the physical locations of app users without their permission or knowledge, then sells that information to third-parties. So, although its app is free to consumers, TWC has made millions of dollars from it through this deceptive practice, according to plaintiff Jon Hart, one of the app’s multitude of users.

TWC is an IBM-owned offshoot of The Weather Channel that focuses on internet, mobile and cloud-based operations. These include its mobile application, which is offered on Apple and Android devices. TWC claims it is the most downloaded weather app in the world. One element of its appeal to consumers, Hart states, is the promise of “personalized local weather data, alerts, and forecasts.”

The app delivers on that promise by asking first-time users for ongoing permission to access their device’s location. However, in asking for that consent, TWC offers no indication that it rakes in millions of dollars by transmitting or selling users’ “minute-by-minute geolocation data” to third-parties for advertising and marketing purposes, according to The Weather Channel class action lawsuit.

Additionally, the TWC class action lawsuit notes that the consent process fails to direct users to any privacy policy or privacy settings for further information or options.

TWC collects far more than an app user’s city or ZIP code, according to Hart’s complaint. Once granted permission by the user, the company allegedly tracks, collects and maintains records of their precise locations and movements in real time, regardless of whether the app is open.

“The volume of data TWC collected and continues to collect is immense,” The Weather Channel class action lawsuit reports.

“TWC has boasted that it is able to track users’ locations and movements with ‘unmatched accuracy and precision’ and even speculated that it may possess the world’s largest trove of consumer geolocation data.”

The Weather Channel has reportedly acknowledged that its primary revenue source is the sale of that information. It considers itself “a location data company powered by the weather,” states The Weather Channel class action lawsuit. It is a player in the $21 billion location targeting industry, where information about where and when consumers live, work, play and dine is of great value to marketers and advertisers.

TWC’s customers include private equity firms and hedge funds, which have used the data to monitor consumer spending and other activities, the class action lawsuit maintains. In addition, it notes that The Weather Channel and IBM have developed their own location-driven marketing platform called JOURNEYfx to exploit this data.

For years, The Weather Channel made no attempt to disclose the extent to which it collected and used its customers’ geolocation data, according to the filing. But in the wake of other recent lawsuits, TWC allegedly made drastic changes in January 2019 “in an attempt to correct its past misrepresentations and deceptions.”

Despite those actions, however, The Weather Channel continues to profit from taking something for nothing, Hart claims, inflicting further damage upon the app’s users.

“Defendant’s failure to notify users that it is in the business of collecting and selling their personal geolocation data is intentional,” The Weather Channel class action lawsuit states. “TWC executives have admitted that if consumers knew of the Weather Channel app’s true purpose, consumers would be alarmed.”

The Weather Channel class action requests certification of a Class consisting of California residents who downloaded the app and granted TWC access to their geolocation data before Jan. 25, 2019, when the company’s disclosure policies were changed.

Individuals generally do not wish to disclose their exact location at every minute of every day to third-parties, the TWC class action lawsuit argues. They have a reasonable expectation of freedom from targeted marketing based on such information without proper disclosure or consent.

Therefore, Hart’s primary cause of action is breach of privacy under Article I of the California Constitution. “This invasion was so comprehensive as to constitute an egregious breach of social norms surround a person’s right to conduct personal activities without observation,” The Weather Channel class action argues.

Hart also alleges violations of California’s Consumers Legal Remedies Act and Unfair Competition Law; and unjust enrichment. He is demanding a jury trial, seeking nominal statutory and punitive damages, court costs and other relief the court deems just. He also wants the court to issue an injunction barring TWC from continuing to collect and share users’ geolocation data.

Have you downloaded The Weather Channel app on your mobile phone? Let us know in the comment section below.

Hart is represented by Nicholas W. Armstrong and Oscar M. Price IV of Price Armstrong LLC and Lucas Williams of Williams Environmental Law.

The Weather Channel class ation lawsuit is Jon Hart v. TWC Product and Technology LLC, Case No. 3:20-cv-3842, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Amazon Flex app violates Illinois privacy law, class action alleges
• Monument class action alleges telehealth platform shared personal health info with third parties
• Facebook user profile data privacy $725M class action settlement
• Farfetch call recording $4M class action settlement