Good and EVO

Class action lawsuit filed against Carrier IQ [Updated]

Hagens-berman

Fresh on the heels of the Senate interrogation of Carrier IQ, the law firm of Hagens Berman has just filed a class action lawsuit on behalf of four smartphone users against Carrier IQ, HTC, and Samsung. It's unclear how much in damages the lawsuit is demanding, but initial estimates are in the hundreds of millions of dollars.

The suit alleges that all three companies have violated the Federal Wiretap Act and California's Unfair Business Practice Act (it was filed in the U.S. District Court for the Northern District of California), and the official press release specifically mentions Trevor Eckhart's research into the matter (go, Trevor!). Additionally, Hagens Berman is interested in discussing this matter with other smartphone users who use devices running Carrier IQ software.

The full press release can be found at the link below, as well as contact information for the law firm in case you want to get involved.

Update: There are now reports of at least two more lawsuits popping up, this time in Delaware and New Jersey, and now including Sprint, AT&T, and T-Mobile.

[Hagens Berman] Thanks, mchristian!

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John F

John was the editor-in-chief at Pocketables. His articles generally focus on all things Google, including Chrome and Android, although his love of new gadgets and technology doesn't stop there. His current arsenal includes the Nexus 6 by Motorola, the 2013 Nexus 7 by ASUS, the Nexus 9 by HTC, the LG G Watch, and the Chromebook Pixel, among others.

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20 thoughts on “Class action lawsuit filed against Carrier IQ [Updated]

  • Damn wonder what’s going to come out this

    Reply
  • $100 per day per user fines in cases like this.

    If you want proof, look at TrevE’s video, SSL, keypresses, everything reported to CIQ agent. Then look at the CIQ documentation that says it can record any event. They may not have it configured to record everything, but it can with a simple task command.

    CIQ website says 141,315,400 users
    we know it’s been there for 3 months at least

    $1,271,843,100,000 fine based on that… seems like the Justice Department might want to win this one and pay down the natl debt.

    I’d rather the ambulance was chased than everything I ever did and everyone I ever talked to on my phone be exploited, copied, packaged, and marketed right back to me.

    Reply
  • Avatar of biker1

    Lawyers are the bottom of the barrel.
    Especially in Classic Action Suits, as they are the ones that make TONS of Money.
    But that is the nature of the beast. And Lawyers are a Necessity, especially in this day and age.
    HEADS WILL ROLL!
    And Rightfully so.
    FULL PRAISE TO TrevE and the EFF!!!!!
    POWER!!
    And Screw these Corporate Bastards!!
    Even if we have to take a ‘hit. ‘

    Reply
  • Avatar of biker1

    Btw, CIQ, Here’s another Middle Finger to you, and HTC and Sprint, where you going?
    This Middle Finger is for you Also, as you are just as Culpable, even more so, for Violating our Privacy.
    If it weren’t for you Bastards, CIQ wouldn’t have a Market….
    Dumbasses, to think you’d be able to get away with this in the End.
    SF’s……..

    Reply
  • Avatar of nascaraddict

    Here’s a transcript of a conversation an interviewer had with Carrier IQ’s VP expressing they’ve done nothing wrong and the operator (HTC, Sprint or both) has the control.

    http://www.theregister.co.uk/2011/12/02/carrier_iq_interview/

    We’ll see how well this goes when they’re testifying on Capitol Hill!

    GET OUT OF MY EVO!

    Reply
  • Avatar of biker1

    Hah,
    Thanks for that.
    It’s Every SB for themselves now.
    These idiots are minnows in the Shark’s Tank of Capital Hill.
    Btw, this will now doubt be a contributing factor (err, excuse) for the demise of Unlimited data.
    Get the Coffins ready.
    Capital Hill shows No Mercy, unless they’re Obama Campaigne Contributors lol!

    Reply
  • Avatar of Robert542

    We the consumer will end up paying the bill for this class action suit. The only thing this will accomplish is to make the lawyers rich. Do I think they should fry, absolutely but not with a class action suit that only benefits the laywers.

    Reply
  • Avatar of biker1

    We’ll all get a $1.99 credited to our account and the lawyers will make MILLIONS!

    Reply
  • Avatar of Elba Stevenson

    They are also in storage and transmission of PCI credit/debit card requirement 3. Plus the Hitect/hippa Phi/ pi law.

    Reply
  • Avatar of nascaraddict

    PCI=Payment Card Industry

    HITECT=Health Information Technology for Economic and Clinical Health Act (part of the American Recovery and Reinvestment Act of 2009/Obama)

    Hippa=Health Insurance Portability and Accountability Act

    PHI=Protected Health Information

    Reply
  • Avatar of Mark Richards

    Note that the US government did not jump into action to protect its citizens. Isn’t this telling?

    Instead Al Franken, a former comedian and now a Senator from Minnesota, has sent a letter to Carrier IQ.

    A letter.

    It will, as usual, take trial lawyers to fight against both these immoral companies and their sponsoring government lackies to, maybe, get a little justice.

    But don’t count on it.

    I suspect when Carrier IQ goes, in name, there will be something else more stealthy to replace it.

    Reply
  • Avatar of Serialcom

    and when it goes and if/when something more stealthy takes its place we will have Trevor Eckhart to find it for us and bring it to light.

    Reply
  • Avatar of PookiePrancer

    I’m guessing that it would be hard for me to join the class considering I’ve been rooted all year, running roms that don’t include it?

    Reply
  • Devin Coldewey wrote a good piece for Tech Crunch on this. He makes some valid points about the fact that Carrier IQ has done nothing more than make a completely legal piece of software. It’s really the Sprint’s, AT&T’s, etc. who should be getting the brunt of all of this.

    While it’s true Carrier IQ didn’t disclose anything to us, in reality I’m not sure they owe us that. After all, we are not their customers the service carriers are.

    Yes, they have their role in this, but personally it’s Sprint that I is the object of my anger.

    http://techcrunch.com/2011/12/02/dont-blame-the-iq-blame-the-carrier/

    Reply
  • Avatar of Robert542

    If your running any Sense based roms you still have it. From what I’ve been reading you cannot completly remove ciq and have a functioning Sense based Rom. Unless your running CM or MiUi you are still infected.

    Reply
  • Higher Phone Bills…

    Reply
  • Avatar of biker1

    CIQ is as guilty as SIN, no matter what the small print says.
    In addition, I’m sure there were many phone calls between Sprint, HTC & CIQ, off the record, regarding what CIQ is able to be used for.
    Watch the Congressional Hearings for the REAL Blame Game.
    They’re ALL GUILTY!!

    Reply

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