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Opperman v. Path (Second Amended Complaint)

Opperman v. Path (Second Amended Complaint)

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Amended complaint against Path alleging improper access of address book/contacts. Previous complaint was dismissed by Judge Sparks with harsh words for plaintiffs.
Amended complaint against Path alleging improper access of address book/contacts. Previous complaint was dismissed by Judge Sparks with harsh words for plaintiffs.

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Published by: Venkat Balasubramani on Oct 23, 2012
Copyright:Attribution Non-commercial

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07/26/2013

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1
 
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF TEXASAUSTIN DIVISIONMarc Opperman,
et al 
., §for themselves all others §similarly situated, §
 Plaintiffs,
§ Case No. 1:12-00219-SSvs. §§Path, Inc.,
et al.,
§ Jury Trial Demanded
 Defendants.
§
P
LAINTIFFS
 
S
ECOND
A
MENDED
C
LASS
A
CTION
C
OMPLAINT
 
Plaintiffs, for themselves and all others similarly situated, allege as follows:
I
NTRODUCTION
 1.
 
Plaintiffs purchased iPhones, iPads and iPod touches (collectively, “iDevices”)from Apple, with several built in Apps. Plaintiffs obtained Defendants’ Apps from Apple’s AppStore prior to February 2012.2.
 
Plaintiffs used their iDevices to maintain their private, personal address books.Unbeknownst to Plaintiffs, the Apps made by Defendants stole their iDevice address books bysurreptitiously initiating unnoticeable Internet calls with Plaintiffs’ iDevices and transmittingtheir address books to unauthorized persons.3.
 
While Apple has known about this threat to its customers and their iDeviceaddress books since it launched the Apple Store in 2008, and has repeatedly represented that it polices its App Store to prevent this from occurring, it has not warned or protected consumersfrom the threat.4.
 
Apple did not remove these apps from its App Store, inform its users about thisconduct, or correct its testing and review process to appropriately remedy the problem.
Case 1:12-cv-00219-SS Document 103 Filed 09/11/12 Page 1 of 83
 
2
5.
 
Based on news reports, including a February 15, 2012 N
EW
Y
ORK 
T
IMES
article,the Apps
 Foodspotting, Foursquare, Gowalla, Hipster, Instagram, Kik Messenger, Path, Twitter,Yelp!,
and (via Defendant Chillingo’s integrated
Crystal 
platform)
 Angry Birds
 
Classic
and
Cut the Rope
and the companies associated with each of those that were engaged in surreptitiouslytransmitting iDevice owners’ private, personal address book materials to unapproved recipientsApps.
 
Each did this to various Plaintiffs and similarly impaired their iDevices in this manner.6.
 
Defendants Hipster and Path publicly admitted that their actions were wrong andapologized. While the remaining Defendants have not followed suit, they, too, are at fault for their unauthorized surreptitious uploads and storage of consumers’ address books.7.
 
As these Defendants, with Apple’s approval and assistance, wrongfully usedPlaintiffs’ iDevices, obtained, invaded and exposed Plaintiffs’ private address books, and de- privatized some of the most personal, private and valuable materials that Plaintiffs maintain ontheir iDevices, Plaintiffs seek damages, as well as declaratory, injunctive, and equitable relief for themselves and all similarly situated persons.
P
ARTIES
 
Plaintiffs
8.
 
 Plaintiff Alan Beuershasen
resides in Austin, Texas. Mr. Berchausen owns andregularly uses an iPhone with the following Apps:
Twitter, Gowalla, Foursquare
and
Angry Birds Classic
. Mr. Beuershasen acquired each of the identified Apps prior to February 2012.9.
 
 Plaintiff Giuli Biondi 
(“Ms. Biondi”) resided in Austin, Texas. Ms. Biondi ownsand regularly uses an iPhone with the following Apps:
 Instagram, Twitter, Yelp!
and
Cut the Rope
.
Case 1:12-cv-00219-SS Document 103 Filed 09/11/12 Page 2 of 83
 
3
10.
 
 Plaintiff Steve Dean
resides in Austin, Texas. Mr. Dean owns and regularly usesan iPhone with the following Apps:
Twitter, Gowalla
and
Angry Birds Classic
.11.
 
 Plaintiff Stephanie Dennis-Cooley
resides in Virginia. Ms. Dennis-Cooley ownsand regularly uses an iPhone and an iPad with following Apps:
Twitter, Kik Messenger, Path
and
  Instagram
.12.
 
 Plaintiff Claire Hodgins
resides in Austin, Texas. Ms. Hodgins owns andregularly uses an iPhone with the following Apps:
Twitter, Yelp!, Angry Birds Classic
and
Cut the Rope
.13.
 
 Plaintiff Jason Green
resides in Fayetteville, Arkansas. Mr. Green owns andregularly uses an iPhone with the following Apps:
 Instagram, Twitter, Kik Messenger, Path, Angry Birds Classic
and
Cut the Rope
.14.
 
 Plaintiff Gentry Hoffman
resides in Austin, Texas. Mr. Hoffman owns andregularly uses an iPhone with the following Apps:
Twitter, Instagram, Foursquare
and
Yelp!.
 15.
 
 Plaintiff Rachelle King 
resides in Austin, Texas. Ms. King owns, regularly usesand has regularly used multiple iPhones with the following Apps:
Twitter, FoodSpotting, Hipster, Instagram, Gowalla,
and
 Foursquare
.16.
 
 Plaintiff Nirali Mandaywala
resides in Austin, Texas. Ms. Mandaywala ownsand regularly uses an iPhone with the following Apps:
 Instagram, Twitter, Yelp!, Gowalla, Foursquare, Angry Birds Classic
and
Cut the Rope
.17.
 
 Plaintiff Claire Moses
resides in Austin, Texas. Ms. Moses owns and regularlyuses an iPhone with the following Apps:
Twitter 
and
 Instagram
.
Case 1:12-cv-00219-SS Document 103 Filed 09/11/12 Page 3 of 83

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