Fitness app Wiretap Act claims over data tracker nixed

By Patricia Manson Law Bulletin staff writer

Posted March 6, 2018 2:35 PM

A federal judge Monday threw out claims that a mobile-advertising company violated the Wiretap Act by purportedly placing a tracker in a fitness app and using it to extract data from users’ smartphones without their consent.In a written opinion, U.S. District Judge John J. Tharp Jr. held the two named plaintiffs in a class-action lawsuit against Kiip Inc. had failed to state a case under federal law.Tharp, however, left the way open for the plaintiffs to amend their Wiretap Act claims.And he held the plaintiffs had …

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