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Apple Sued Over App Privacy

 & Chloe Albanesius Executive Editor, News

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Pandora iPhone app

A California man has filed suit against Apple over the privacy of its apps.

Jonathan Lalo filed his complaint in California district court last week, accusing Apple of producing devices that allow ad networks to track a user's app activity.

The complaint also names Pandora, Paper Toss app maker Backflip Studios, The Weather Channel, and Dictionary.com.

Apple iPhones and iPads include Unique Device Identifier (UDID), which can't be blocked, altered, or deleted by users, Lalo charges.

The UDID "is now being used by ad networks to track Plaintiffs and the Class – including what apps they download, how frequently they use the apps, and for how long. Some apps are also selling additional information to ad networks, including users' location, age, gender, income, ethnicity, sexual orientation and political views," according to the suit.

As a result, Apple and the app developers "invaded their privacy, misappropriated and misused their personal information, and interfered with the operability of their mobile devices."

The suit cites a Wall Street Journal study published earlier this month that examined 101 mobile applications and found that iPhone apps distribute more personal data without the users' permission than Android apps.

The "leakiest" apps, according to the Journal, include Pandora, Grind, Paper Toss, and TextPlus 4, which sent age, gender, ZIP codes, and user IDs to multiple ad networks. The most commonly submitted information, usually sent back to either the app maker or sold to an ad network, is the phone's unique user ID number, which can give companies valuable information on what an owner does with his or her phone.

Lalo, who owns an iPhone, said Apple and the app makers did not inform him that the apps would be sharing personal information and said this is in violation of Apple's App Store privacy policies. It also violates the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and several California statutes, the suit says.

Lalo is seeking class-action status for his suit. The one-year economic loss of those affected is at least $5,000, he said. Those who want to join the class need to have purchased an app between December 1, 2008 and December 23, 2010, the filing said.

Editor's Note: This story was updated at 3:30pm with more information from the filing.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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