EFF Sues AT&T, Data Aggregators For Giving Bounty Hunters and Other Third Parties Access to Customers’ Real-Time Locations

The Electronic Frontier Foundation (EFF) and Pierce Bainbridge Beck Price & Hecht LLP filed a class action lawsuit on behalf of AT&T customers in CA to stop the telecommunication company and two data location aggregators from allowing numerous entities—including bounty hunters, car dealerships, landlords, and stalkers—to access wireless customers’ real-time locations without authorization. An investigation by Motherboard earlier in 2019 revealed that any cellphone user’s precise, real-time location could be bought for just $300. The report showed that carriers, including AT&T, were making this data available to hundreds of third parties without first verifying that users had authorized such access. AT&T not only failed to obtain its customers’ express consent, making matters worse, it created an active marketplace that trades on its customers’ real-time location data. “AT&T and data aggregators have systematically violated the location privacy rights of tens of millions of AT&T customers,” said EFF Staff Attorney Aaron Mackey. “Consumers must stand up to protect their privacy and shut down this illegal market. That’s why we filed this lawsuit today.” The lawsuit alleges AT&T violated the Federal Communications Act and engaged in deceptive practices under CA's unfair competition law, as AT&T deceived customers into believing that the company was protecting their location data. The suit also alleges that AT&T, LocationSmart, and Zumigo have violated California’s constitutional, statutory, and common law rights to privacy.