Facebook, Meta accused of using workaround on Apple iOS privacy update

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Meta Apple iOS privacy update class action lawsuit overview:

• Who: Wayne Mitchell has filed a class action lawsuit against Meta Platforms. 
• Why: Mitchell claims Meta is skirting Apple iOS privacy restrictions while allegedly unlawfully collecting Facebook users’ online activity. 
• Where: The class action lawsuit was filed in California federal court.

Meta Platforms evades Apple iOS privacy restrictions while unlawfully tracking and storing Facebook users online activity, a new class action lawsuit alleges. 

Plaintiff Wayne Mitchell claims Meta programmed a JavaScript code that allowed it to track Facebook users communications and other online activity outside of the app, reports Law360. 

Mitchell argues the company programmed the code after Apple updated to iOS 14 in April 2021 and began requiring app makers to obtain informed consent before being able to track the outside activity of their users. 

Meta, however, uses the JavaScript code to covertly track Facebook users by making outgoing links direct them to Meta’s in-app browser, rather than the user’s default browser, the Meta class action alleges. 

Meta accused of failing to inform Facebook users they were being tracked

Mitchell claims the company never informs Facebook users their activity is being tracked while allegedly secretly collecting information such as text messages, private health details and other personally identifiable and sensitive information. 

Meta, meanwhile, collects the data as a way to get an advantage on its competitors and increase its revenue — with Mitchell arguing the company made 97% of through advertising last year — through the likes of targeted advertising, the class action alleges. 

Mitchell wants to represent a nationwide class, a California subclass and an Apple iOS subclass of Facebook users and Facebook Messenger users who have had their online activity and communications covertly tracked by Meta. 

Meta is accused of being guilty of unjust enrichment and invasion of privacy, and of violating the Federal Wiretap Act, along with California’s Unfair Competition Law and Invasion of Privacy Act. 

A similar class action lawsuit was filed against Meta in August by a consumer alleging the company was collecting sensitive health data by allegedly embedding a tracking tool into the website for the University Pittsburgh Medical Center. 

Have you had your online activity unlawfully collected and tracked by Facebook? Let us know in the comments! 

The plaintiffs are represented by John J. Nelson of Milberg Coleman Bryson Phillips Grossman PLLC. 

The Meta Apple iOS privacy update class action lawsuit is Mitchell v. Meta Platforms Inc., Case No. 4:22-cv-05267, in the U.S. District Court for the Northern District of California.

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