May 15, 2013, 8:50 PM — Several users of devices running Google's Android operating system have filed an amended version of an earlier lawsuit accusing the company of illegally collecting, and allowing others to collect, extensive amounts of mobile user data without proper notice or consent.
The lawsuit, filed last week in the U.S. District Court for the Northern District of California, is an updated version of a consolidated lawsuit from January 2012. It alleged that Google's actions had harmed the privacy, security and financial interests of the six named plaintiffs in the case.
U.S. District Court Judge Jeffrey White, who reviewed the original complaint from last year, had rejected it this March.
In his ruling, the judge noted that the plaintiffs had failed to clearly state how Google's actions had caused injury to them as defined under the federal Computer Fraud and Abuse Act, the California Unfair Competition Law and a handful of other state statutes. Judge White had offered the plaintiffs an opportunity to file an amended complaint if they chose to do so.
Last week's second complaint addresses the shortcoming identified by the judge the first time around said William Audet, interim class counsel for the plaintiffs in the case.
"Pursuant to the Court's order, the plaintiffs have added additional facts on a number of issues," Audet said.
"The second amended complaint also provides additional facts regarding recent disclosures of continued alleged privacy violations by Google, including the sharing of data without the full consent or knowledge of the consumer," he said. "We believe that the complaint now addresses all the issues raised by the court and we are now focused on two violations -- one federal and one state -- committed by Google."
According to Audet, the ultimate goal in filing the lawsuit is to get Google to provide full disclosure of its own data collection practices and that of Android application developers who are approved to distribute their products through Google's application store. "We are alleging that the company is participating in the collection of private data in exchange for the use of applications by the consumer."
The 36-page complaint filed last week accuses Google of putting hooks in its Android operating system that allow third-party application developers to collect a extensive of range of data about mobile users and their devices. The complaint accuses Google of allowing third-party application developers to collect geo-location data, user age and gender, zip codes, user activity, device IDs and other personally identifying information from Android-powered mobile devices.