Weather Channel app sued over alleged mining of users' data

The city of Los Angeles has sued to stop the operator of The Weather Channel's mobile phone application from...

Posted: Jan 6, 2019 1:06 PM
Updated: Jan 6, 2019 1:06 PM

The city of Los Angeles has sued to stop the operator of The Weather Channel's mobile phone application from allegedly "covertly mining the private data of users and selling the information to third parties, including advertisers."

"We're acting to stop this alleged deceit," Los Angeles City Attorney Mike Feuer said Friday in a statement. "We allege TWC (The Weather Channel) elevates corporate profits over users' privacy, misleading them into allowing their movements to be tracked, 24/7."

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Defendant TWC Product and Technology, a subsidiary of IBM, disputes the claims.

"Weather Company has always been transparent with use of location data; the disclosures are fully appropriate, and we will defend them vigorously," IBM spokesman Saswato Das told CNN.

READ THE LAWSUIT

The complaint contends that "for years, TWC has deceptively used its Weather Channel APP to amass its users' private, personal geolocation data -- tracking minute details about its users' locations throughout the day and night, all the while leading users to believe that their data will only be used to provide them with 'personalized local weather data, alerts and forecasts.'

"TWC has then profited from that data, using it and monetizing it for purposes entirely unrelated to weather or the Weather Channel App. In fact, unbeknownst to its users, TWC's core business is amassing and profiting from user location data."

The suit was filed Thursday in state court on behalf of Californians.

Deep in the privacy policy

The complaint claims information about the company's practices are "intentionally" obscured "because it recognizes that many users would not permit the Weather Channel App to track their geolocation if they knew the true uses of that data."

By "combing" through the nearly 10,000-word privacy policy, the complaint says, users can learn "that their geolocation may be tracked for purposes other than 'personalized local weather data, alerts and forecasts.'"

The privacy settings section, the complaint says, "vaguely states that geolocation data may be used for 'geographically relevant ads and content' and may be shared with 'partners' for 'the provision of services such as business operations, advertising solutions or promotions.'"

"Based on the misleading statements and omissions," the complaint said. "TWC is able to convince approximately 80% of the Weather Channel App's users to grant access to their geolocation data. TWC then proceeds to track those users' movements in minute detail."

Feuer said the information amassed "is allegedly used for targeted advertisements by at least a dozen third party websites over the past 19 months based on locations users frequent, and has been by hedge funds interested in analyzing consumer behavior."

The complaint asks that TWC be stopped from "engaging in the unfair and fraudulent business acts and practices" and be assessed civil penalties -- up to $2,500 for each violation of the Unfair Competition Law and up to $2,500 for each violation of the law "perpetrated against senior citizens or disabled persons."

The case "goes to the core of one of today's most fundamental issues ... privacy in the digital age," Feuer said in his statement.

"We believe Americans must have the facts before giving away our most personal information," the city attorney said. "If the cost of a weather forecast will be the sacrifice of deeply private information -- like precisely where we are, day and night -- it must be clear, in advance."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 296745

Reported Deaths: 6783
CountyCasesDeaths
DeSoto19731230
Hinds18881393
Harrison16780282
Rankin12787265
Jackson12643229
Lee9703161
Madison9484203
Jones8005147
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Sunflower319286
Tate303374
Pike301796
Scott295271
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Itawamba290275
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Copiah279259
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Prentiss271158
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Leake253172
Marion252778
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Adams235078
George232445
Newton231252
Winston221979
Jasper213845
Tishomingo212965
Attala206870
Chickasaw201453
Holmes182770
Clay179251
Stone173029
Tallahatchie171439
Clarke169672
Calhoun158528
Smith153033
Yalobusha145536
Greene127933
Walthall124540
Noxubee123131
Montgomery122939
Perry122235
Lawrence120621
Carroll119025
Amite112235
Webster111132
Jefferson Davis102731
Tunica99523
Claiborne99129
Benton93924
Humphreys93027
Kemper90423
Quitman77414
Franklin76219
Choctaw69817
Jefferson62827
Wilkinson62427
Sharkey49117
Issaquena1676
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Alabama Coronavirus Cases

Cases: 498076

Reported Deaths: 10094
CountyCasesDeaths
Jefferson716711387
Mobile36294737
Madison32616468
Tuscaloosa24340421
Montgomery22739519
Shelby22174218
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Lee15039157
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Talladega7606165
Walker6585259
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Blount6236127
Colbert6001121
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Dale4671107
Russell406933
Franklin399878
Covington3993106
Chilton3898103
Escambia379173
Tallapoosa3622143
Clarke344053
Chambers3431111
Dallas3422142
Pike293373
Marion288695
Lawrence284985
Winston258368
Bibb246160
Geneva240370
Marengo238857
Pickens225457
Barbour213651
Hale212269
Fayette202057
Butler201466
Henry183541
Cherokee178039
Monroe166739
Randolph164840
Washington156836
Macon147745
Crenshaw146255
Clay145954
Cleburne139841
Lamar133733
Lowndes132751
Wilcox122925
Bullock117336
Conecuh107024
Perry106127
Sumter99732
Coosa90224
Greene88532
Choctaw55323
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