First Class Action Filed Under Wash. My Health My Data Act
The first class-action complaint under Washington’s 2024 My Health My Data Act was filed Monday against Amazon for allegedly harvesting the location data of users without their consent.
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“Hundreds of millions of Americans carry their cell phones with them wherever they go,” the complaint said. “Having harvested the information about private moments and movements that these cell phones contain, Amazon has monetized this information in a triumph of profit over privacy.”
The plaintiff alleges that Amazon’s software development kit (SDK) is embedded into third-party mobile apps, allowing it to collect location data from consumer cellphones without their knowledge or consent. Further, the complaint said that although the consumer may consent to share location data while using certain third-party apps, they remain in the dark that Amazon will have equal access to the same data through the Amazon Ads SKD.
“When a mobile application embedded with the Amazon Ads SDK requests location permission, users are not provided with an opportunity to grant or deny access to Amazon as well,” it said. “Nor does Amazon inform users that it is harvesting and selling their highly personal data.”
In addition to the health data privacy law, the complaint also alleged that Amazon violated the Federal Wiretap Act, the Stored Communications Act, the Computer Fraud and Abuse Act, and the Washington state Consumer Protection Act. Plaintiffs asked the court for permanent injunctive relief to prohibit Amazon from continuing to engage in the unlawful practices, award the Class damages, and order disgorgement and restitution of all profits and benefits received by Amazon resulting from its illegal practices, among other things.