Twitter Fraudulently Obtained Phone Numbers, Class Action Lawsuit Claims

A Twitter user has filed a class action lawsuit accusing the social media platform of violating a Washington state privacy law by fraudulently obtaining phone records.

Lead plaintiff Darlin Gray says she provided her phone number to Twitter, with the social media platform’s assurance that Gray could designate how the number could be used. However, Gray says Twitter’s promises of privacy made to her and potential Class Members were false.

Gray says Twitter acknowledged on Oct. 8, 2019, that “when [users] provided an email address or phone number for safety or security purposes (for example, two-factor authentication) this data may have inadvertently been used for advertising purposes, specifically in our Tailored Audiences and Partner Audiences advertising system.”

“Whatever Twitter means by ‘inadvertent,’ it used fraudulent, deceptive, or false means to obtain the telephone record of Gray” and other Twitter users in Washington, the class action lawsuit says.

The plaintiff claims no user could have known before that date that the social media platform’s representations and assurances about privacy were false.

“Behemoth providers of ubiquitous digital platforms make promises of privacy when they solicit users,” the Twitter class action lawsuit states. “Too often, those promises are not kept.”

According to the Twitter class action lawsuit, Twitter didn’t create or implement systems “that honored users’ designations as to the use of those [phone] numbers.”

Because of this, the social media platform’s use of fraudulent or deceptive means in obtaining phone numbers increased company revenue by increasing the amounts paid by advertisers.

The class action lawsuit says a “reasonable opportunity for discovery” should reveal whether Twitter disclosed the phone numbers to advertisers, and if so, it gained financially by intentionally selling those records without customer authorization.

Washington privacy law RCW 9.26A.140 states that an entity who engages in this type of conduct could have to pay out the greater of actual damages, such as pain and suffering, or liquidated damages of $5,000 per violation.

The Twitter class action lawsuit maintains each phone number obtained by Twitter from a Washington resident constitutes a separate violation of the privacy law, meaning each violation is subject to the $5,000 liquidated damages.

In addition, the plaintiff argues that “each separate occasion on which Twitter disclosed the telephone number of a Washington person to advertisers” also constitutes its own violation.

Gray’s class action lawsuit says the investigation into the social media platform’s alleged violations is ongoing. 

According to the complaint, the plaintiff’s counsel’s investigation has so far included a review of public statements and disclosure materials from Twitter, a review of Federal Trade Commission (FTC) filings, Freedom of Information Act (FOIA) requests to the FTC, media reports, interviews, social media and other information.

The plaintiff has also reserved the right to amend the Class definition if the investigation leads to information that reveals such action is appropriate.

As of now, the proposed Class includes anyone in Washington who provided a phone number to Twitter before Oct. 8, 2019.

“Privacy is a 21st century civil rights issue that affects everyone who interacts on digital platforms,” the class action lawsuit says.

The plaintiff demands a jury trial and seeks statutory damages, pre- and post-judgment interest, litigation costs and attorneys’ fees, an order stopping Twitter from committing further violations and any other relief the Court deems appropriate.

Do you have a Twitter account? Are you worried that the social media platform may have accessed your phone records? Let us know in the comments.

The plaintiff is represented by Joel B. Ard of Ard Law Group PLLC.

The Twitter Phone Records Privacy Law Violation Class Action Lawsuit is Darlin Gray, et al. v. Twitter Inc., Case No. 2:20-cv-1389, in the U.S. District Court for the Western District of Washington.

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