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Tech company to pay $391.5 million to resolve data tracking allegations

State Issues Privacy, Cyber Risk & Data Security State Attorney General Settlement Consumer Protection

State Issues

On November 10, forty states and a multinational technology company reached a $391.5 million settlement resolving allegations that the company tracked users’ locations even after they believed the feature was turned off. According to the assurance of voluntary compliance, the company allegedly misrepresented and omitted, among other things, material information regarding the location history and web and app activity settings, which “confused users about how location information would be captured, stored, and used without users’ knowledge or consent.” Additionally, the company allegedly used deceptive and unfair practices in a setting “that purports to allow users to opt out of personalized advertising and allows users to ‘control’ [the company’s] use of their location information.” The company agreed to, among other things: (i) “issue a pop-up notification to users who have location history or web & app activity enabled at the time of the notification”; (ii) “send an email to users who have location history or web & app activity enabled at the time of the notification”; and (iii) design and present a location technologies page “in a clear and conspicuous disclosure.”