The law firms of Sianni & Straite of Wilmington, DE, Eichen Crutchlow Zaslow & McElroy of Edison, NJ, and Keefe Bartels of Red Bank, NJ, have today filed a class action complaint in Federal Court in Wilmington, Delaware related to the unprecedented breach of the digital privacy rights of 150 million cell phone users. The complaint asserts that three cell phone providers (T-Mobile, Sprint and AT&T) and four manufacturers of cell phones (HTC, Motorola, Apple and Samsung) violated the Federal Wiretap Act, the Stored Electronic Communications Act, and the Federal Computer Fraud and Abuse Act.The carriers and manufacturers last month were caught willfully violating customers’ privacy rights in direct violation of federal law. A technology blogger in Connecticut discovered last month that software designed and sold by California-based Carrier IQ, Inc. was secretly tracking personal and sensitive information of the cell phone users without the consent or knowledge of the users. On Nov. 30, 2011, the United States Senate Committee on the Judiciary said in a letter to Carrier IQ that “these actions may violate federal privacy laws.” It added, “this is potentially a very serious matter.”
It wasn’t hard to see this coming.