Delta Sued by State of California for Violating Consumer Privacy Rights

Delta’s “Fly Delta” App Collects Consumer Info with Disclosure of Privacy Policy

Airline giant Delta has been sued by the state of California for violating consumer privacy rights, specifically, for collecting a wealth of private consumer information through its mobile app, “Fly Delta,” without providing consumers with any kind of clear privacy policy about how that information will be used.

The California lawsuit was brought by California attorney general Kamala Harris, charging Delta of violating the California Online Privacy Protection Act (COPPA), which was passed in February of 2012.  COPPA requires  mobile app providers to provide clear privacy policies if they collect personal information for users, or face lawsuits initiated by the state attorney general. The Delta lawsuit is the first of its kind enforcing COPPA, and California is the only state with the app-privacy law.

According to the lawsuit,  which was brought in San Francisco superior court, Delta’s mobile app “Fly Delta” does not have any clear privacy policy, even though it collects a bevy of information about consumer, including their reservations, cancelled or missed flights, baggage fees, frequent flyer account, and personally-identifiable information such as the consumer’s full name, telephone number, email address, photos, and geolocation.

California Attorney General Kamala Harris

“Losing your personal privacy should not be the cost of using mobile apps, but all too often it is,” said Attorney General Harris. “California law is clear that mobile apps collecting personal information need privacy policies, and that the users of those apps deserve to know what is being done with their personal information.”

The California Attorney General is seeking up to $2,500 for each violation from Delta, and requesting that Delta be barred from using its app any further without establishing a clear privacy policy.