Jon Styf  |  October 16, 2023

Category: Legal News

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Microsoft Edge logo displayed on a laptop screen, representing the Microsoft edge class action.
(Photo Credit: DANIEL CONSTANTE/Shutterstock)

Update:

  • Microsoft asked a Washington-based federal court to dismiss a class action lawsuit involving user browsing data on Microsoft Edge, saying the plaintiffs fail to show Microsoft connects user information with the browsing data it collects. 
  • Microsoft also asked U.S. District Judge Barbara J. Rothstein to dismiss the case because the plaintiffs did not show how they had been injured by the data collection.
  • Microsoft’s privacy statement says users should not expect browsing data privacy.
  • Microsoft’s motion to dismiss says the Edge browsing data also does not fit the wiretapping claim because that data is not private communication and Microsoft isn’t intercepting anything.

Microsoft Edge class action overview: 

  • Who: Plaintiffs Noah Saeedy, Vishal Shah, Tina Wilkinson and M.S., a minor, filed a class action lawsuit against the Microsoft Corporation.
  • Why: The plaintiffs claim Microsoft programmed the Edge browser to collect user browsing information, collects it uniquely to each user and sends the private information to a separate server without consent, breaking federal and state privacy laws.
  • Where: The Microsoft Edge class action was filed in federal court in Washington.

(July 27, 2023)

Plaintiffs Noah Saeedy, Vishal Shah, Tina Wilkinson and M.S., a minor, filed a class action lawsuit against the Microsoft Corporation claiming the company coded its Microsoft Edge browser to collect private identifiable information without user consent.

The information collected by Edge versions 90, 92, 93 and earlier and later versions includes browsing activity, searches and online shopping both in regular and private browsing modes and the information is kept along with unique user identifiers.

“Defendant intercepts, collects, and sends users’ keyword search terms, URLs, and unique user identifiers and cookies to the SmartScreen and Bing servers without their actual or implied consent,” the Microsoft Edge class action claims. “Defendant fails to conspicuously present its flawed and deficient Privacy Statement and Terms of Use to users and thus these electronic documents have no legal effect.”

Microsoft Edge is third-most popular browser in United States and second-most popular on desktop in the world

Microsoft Edge has quickly become the third-most popular internet browser in the United States on both desktop and mobile devices with an approximately 13.23% and 6.85% market share, according to Statcounter. Internationally, it’s the second-most popular desktop and third-most popular mobile browser.

The Microsoft Edge privacy data collection violates the Electronic Communications Privacy Act, Computer Fraud and Abuse Act and several state-based privacy laws in places such as California, according to the Microsoft Edge privacy class action.

Microsoft notified customers that it was shutting down its Internet Explorer browser in June and then asked them to use the Microsoft Edge browser.

Do you use the Microsoft Edge browser? Let us know in the comments.

The plaintiffs are represented by Alexander A. Baehr of Summit Law Group PLLC, along with Ekwan E. Rhow, Marc E. Masters and Barr Benyamin of Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg and Rhow PC and Jonathan Rotter and Raymond D. Sulentic of Glancy, Prongay and Murray LLP.

The Microsoft Edge class action lawsuit is Saeedy, et al. v. Microsoft Corporation, Case No. 2:23-cv-01104, in the U.S. District Court for the Western District of Washington.


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424 thoughts onMicrosoft seeks dismissal of Edge data privacy class action

  1. Kathy FIssel says:

    I had been a regular user of MS – 365, and MS Edge up until 4/1/24. It started when I thought my Comcast email was hacked. While that was true, I never realized that my MS account was also hacked and controlled by a unknown hacker. So evert time I updated my password, they used the standard MS functionality to capture the url, user name, and password to every account I changed the password for. Now, 6 weeks later, I can’t access any of my MS 365 files. They tell me my email is not valid. I’ve lost over 20 years of research, and non-profit accounting data. There’s no ‘person’ to call, no tech support team to listen, just common folks saying “it sucks to be you”. I paid for this service! If you won’t let me access my data, at least refund the 8 months of subscription costs I’ve lost.

  2. Gabriel Garcia says:

    Please add me , been using Microsoft Edge forcefully for the past 2 years after my computer with Google Crome stop updating to
    windows 10 and going into the blue screen and I had to get a new computer with new windows.

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