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Friday, March 29, 2024

Class action alleges spyware intercepted personal data

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LOS ANGELES (Legal Newsline) — Two consumers have filed a class action lawsuit against mobile phone manufacturers, alleging invasion of privacy and unfair competition.

Darren Martinez and Joe Mocnik filed a complaint, individually and on behalf of all others similarly situated, March 31 in U.S. District Court for the Central District of California against Blu Products Inc., and Shanghai Adups Technology Co. Ltd., alleging they sell their mobile phones that are equipped with Adups Spyware that intercept private and personal activity and data.

According to the complaint, Martinez and Mocnik bought a mobile phone found to have a software that could intercept their personal activities. The plaintiffs allege the defendants failed to inform consumers about the existence of the Adups spyware in their mobile phones.

Martinez and Mocnik seek trial by jury, actual and compensatory damages including interest, restitution and disgorgement of all amounts, punitive damages, order the defendants to immediately cease its wrongful conduct, enjoin the defendants from selling products through false and misleading statements, attorney and expert fees, plus and all other and proper relief. They are represented by attorney Laurence M. Rosen of the Rosen Law Firm PA in Los Angeles, and by Christopher Hinton of the Hinton Law Firm in New York.

U.S. District Court for the Central District of California Case number 2:17-cv-02507-DSF-AGR 

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