Bose accused of spying on users, selling their data
The complaint filed by Kyle Zak in federal
court in Chicago seeks an injunction to stop Bose's "wholesale
disregard" for the privacy of customers who download its free Bose
Connect app from Apple Inc or Google Play stores to their smartphones.
Bose Corp has been accused of spying on its users via an app that
tracks music podcasts by collecting their data, which is allegedly sent
to third-party firms
It violates the privacy rights of consumers by selling the information without permission, a lawsuit charged.
The
complaint filed by Kyle Zak in federal court in Chicago seeks an
injunction to stop Bose's "wholesale disregard" for the privacy of
customers who download its free Bose Connect app from Apple Inc or
Google Play stores to their smartphones.
"People should be
uncomfortable with it," Christopher Dore, a lawyer representing Zak,
said in an interview. "People put headphones on their head because they
think it's private, but they can be giving out information they don't
want to share."
Bose did not respond on Wednesday to requests for
comment on the proposed class action case. The Framingham,
Massachusetts-based company has said annual sales top $3.5 billion.
Zak's
lawsuit was the latest to accuse companies of trying to boost profit by
quietly amassing customer information, and then selling it or using it
to solicit more business
After paying $350 for his QuietComfort
35 headphones, Zak said he took Bose's suggestion to "get the most out
of your headphones" by downloading its app, and providing his name,
email address and headphone serial number in the process.
But the
Illinois resident said he was surprised to learn that Bose sent "all
available media information" from his smartphone to third parties such
as Segment.io, whose website promises to collect customer data and "send
it anywhere."
Audio choices offer "an incredible amount of
insight" into customers' personalities, behavior, politics and religious
views, citing as an example that a person who listens to Muslim prayers
might "very likely" be a Muslim, the complaint said.
"Defendants' conduct demonstrates a wholesale disregard for consumer privacy rights," the complaint said.
Zak
is seeking millions of dollars of damages for buyers of headphones and
speakers, including QuietComfort 35, QuietControl 30, SoundLink
Around-Ear Wireless Headphones II, SoundLink Color II, SoundSport
Wireless and SoundSport Pulse Wireless
He also wants a halt to
the data collection, which he said violates the federal Wiretap Act and
Illinois laws against eavesdropping and consumer fraud.
Dore, a
partner at Edelson PC, said customers do not see the Bose app's user
service and privacy agreements when signing up, and the privacy
agreement says nothing about data collection.
Edelson specialises in suing technology companies over alleged privacy violations.
The case is Zak v Bose Corp, U.S. District Court, Northern District of Illinois, No. 17-02928
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