T-Mobile faces class action over online tracking

(CN) — A Californian who visited T-Mobile’s website several times claims the telecommunications titan installed tracking technology on the device she was using, causing her to be “surveilled while using the internet” even after she rejected all third-party cookies.

In a class action lawsuit filed Tuesday in Los Angeles County Superior Court, Brittany Connor claims T-Mobile violated California’s Trap and Trace law, which makes it illegal to install cookies on a device without consent or a court order. She says the amount in controversy exceeds $3 million.

Connor says the T-Mobile website does not display a “consent banner” that allows customers to opt in for third-party cookies.

A footer can be clicked, and there are two “do-not-sell” links visitors can select. But even if customers opt out, their personal information is taken by third parties, Conner says in the complaint, which lists cookies associated with AdMedia, Amazon, Facebook, Twitter and others. This allows others to track online activities such as browsing history, demographic information and shopping behaviors.

Connor describes the conduct as a “‘bait-and switch’ scheme — purporting to offer visitors the opportunity to decline tracking but actually tracking them even acter they opt out.” She says it is highly offensive because it breaches trust and expectations, involves deception, occurs in a private setting, enables unwanted surveillance and violates established privacy norms.

This creates “a genuine likelihood of serious harm,” Connor says.

“This type of information can be — and has been — used for identity theft, targeted harassment, and manipulative advertising,” she says in the complaint. “Data brokers purchasing this information can assemble comprehensive profiles to discriminate, exploit, or endanger users, particularly vulnerable populations such as women, minors and individuals seeking health services.”

Connor says the FTC has warned data sold to third parties could be used in the course of stalking or physical tracking, and could expose the locations of domestic violence shelters and reproductive health clinics.

Trap and trace is a potential criminal matter under California code, with a fine of up to $2,500 and up to a year in jail. It falls under the California Invasion of Privacy Act, described by the American Bar Association as “a decades-old criminal statute enacted in 1967 to prevent eavesdropping on telephone calls.” It has been used by plaintiffs in the digital age to address the use of cookies and similar trackers.

The ABA recommends companies ensure they are complying with the laws of California and other states and “assess whether they are truly transparent about their website tracking technologies.”

Connor is represented by Pacific Trial Attorneys of Newport Beach, California. T-Mobile did not immediately respond to a request for comment.

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