Carrier IQ, Samsung, and HTC Accused of Wiretap Violations
Several class action lawsuits have been filed around the nation against Carrier IQ for its secret phone tracing software. Smartphone owners claim Carrier IQ, Samsung and HTC are defying federal laws against illegal wiretapping. The act provides that "any person who . . . intentionally intercepts, endeavors to intercept . . . any wire, oral, or electronic communications can be sued in federal court."
The lawsuits accuse the company Carrier IQ of collecting private information from the users of smartphones. They claim that the actions of Carrier IQ violate not only the Federal Wiretap Act but, in one case, California's Unfair Business Practices Act. Carrier IQ says they have more than 140 million devices around the world.
Plaintiffs contend that Carrier IQ and handset manufacturer HTC capture and record from every phone on which they have installed the software every keystroke input into about 130 million phones, their locations and other information.
In another lawsuit, the defendant companies are accused of violating the Federal Wiretap Act, the Stored Electronic Communications Act and the Federal Computer Fraud and Abuse Act.
Phone Companies Involved
Companies against which the suits have been filed include:
- Carrier IQ
Others who may be cited include AT&T, T-Mobile and Sprint.
In a recent Supreme Court decision, AT&T Mobility LLC v. Concepcion, the high court handed down a five to four decision saying that wireless customers give up their rights to a class action lawsuit against AT&T as soon as they sign their contracts.
The supposedly illegal activities of Carrier IQ were pointed out by a researcher earlier last week who said that the company made software that was embedded in millions of smartphones around the world. Many of the smartphone owners were unaware that the keystroke information was being collected, he said.
Contact a Lawyer about Your Wiretap Case
If you're among the millions of HTC or Samsung phone owners, you may be affected by this new discovery. Our consumer fraud lawyers are investigating claims on behalf of people who have an HTC or Samsung phone. To find out if you have a claim, contact us today.