Sulina Gabale and Jason Gordon of Reed Smith write:
This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy Act by allegedly allowing the Colts fan app to listen in on users’ personal phone conversations, and use that information for advertising purposes without obtaining adequate consent.
The app provides Colts fans with team stats, scores, and other relevant news. The app also uses Lisnr, a service that utilizes web beacons, ultrasonic frequencies and audio signals in order to allegedly track how users interact with advertisements. The complaint alleges that Lisnr’s software determines a user’s precise location by activating the user’s built-in microphone, and listening for nearby Lisnr audio beacons in order to allow the Colts app to target specific consumers and send them tailored content, promotions and advertisements based on their location.
Read more on Technology Law Dispatch.