A new class action suit has just been filed in a federal court in Wilmington by a trio of law firms, two of which are from Jersey (Keefe Bartels and Eichen Crutchlow Zaslow & McElroy) and one from Wilmington (Sianni & Straite, hoping to get the home COURT advantage). This time the defendants include AT&T, T-Mobile and Sprint as well as Apple and Motorola. HTC and Samsung are both included in this suit although Carrier IQ is ironically excluded. The seven are accused of violating the Federal Wiretap Act, the Stored Electronic Communications Act, and the Federal Computer Fraud and Abuse Act. The suit adds that the companies named in the suit were caught violating customers privacy rights in "direct violation of federal law." AT&T, T-Mobile and Sprint have admitted to using the software but says that its use complies with privacy policies.
As we know now, tracking software from Carrier IQ was tracking sensitive personal data belonging to cell phone users, without their permission. Just as recently as November 30th, the United States Senate Committee on the Judiciary sent a letter to Carrier IQ warning them that these actions could be considered a violation of federal security laws and could be a very serious matter. While some reports say that T-Mobile has been adding Carrier IQ to some of its phones without the approval of manufacturers, Carrier IQ and Google have placed the blame on phone makers and carriers.