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Communication Law Keyed to Benjamin, 2nd Ed.
McDonald v. Kiloo ApS
Citation:
385 F. Supp. 3d 1022 (2019)Facts
The plaintiffs are parents whose children downloaded and used mobile gaming applications including “Subway Surfers,” “Princess Palace Pets,” “Where’s My Water?” and “Llama Spit Spit.” They allege that when these apps are launched, they immediately connect to servers and begin sending data before the user even plays the game. The embedded SDK code communicates with SDK defendants’ servers, sending requests for ads along with the user’s personal data. This data includes device identifiers (IDFA, IDFV, AAID), device name, IP address, timestamp, and device fingerprint data. The SDK defendants store and analyze this data to track users across devices and the internet, creating profiles for targeted advertising. The plaintiffs allege that this data collection and tracking is invisible to users and occurs without proper disclosure or consent. The defendants allegedly aggregate this data and buy and sell it to other third parties, resulting in children being shown targeted advertisements based on their personal profiles. The plaintiffs claim this constitutes an invasion of privacy under various state laws and consumer protection statutes.
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