Welcome to the IOS App Settlement website
This website contains information regarding a class action settlement that has been preliminarily approved by the Court, entitled Opperman et al v. Kong Technologies, Inc. et al., Case No.13-cv-00453-JST.
NATURE OF THE SETTLEMENT
This lawsuit involves several coordinated cases brought against several companies that developed apps for Apple i Devices (iPhone, iPad, or iPod Touch), and alleges that certain versions of the Foodspotting, Foursquare, Gowalla, Instagram, Kik, Path, Twitter, and Yelp apps obtained contact data from users’ iDevices in violation of user’s privacy rights, and that Apple aided and abetted that conduct. The lawsuit also alleges that Apple misrepresented the privacy and safety of its iDevices. This Settlement resolves all privacy claims against the App Developers and Apple, but does not affect the misrepresentation claim against Apple.
Each of the App Developers deny each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever. No court or other entity has made any finding, ruling, judgment, or other determination that any of the App Developers have done anything unlawful or have any liability for the claims in this lawsuit. Each of the App Developers further deny that any Class Member is entitled to any relief and, other than for settlement purposes, that this Litigation is appropriate for certification as a class action.
THE SETTLEMENT CLASS
The Court has decided that everyone in the United States who fits one or more of the following descriptions is a Class Member for purposes of the proposed Settlement:
- who received from Apple’s App Store a copy of versions 2.5 through 3.1 of the iOS mobile application entitled Foodspotting, and activated via such app on their Apple iDevice the “Find iPhone Contacts” feature of the Foodspotting mobile application between August 9, 2011 and February 19, 2012;
- who received from Apple’s App Store one or more of versions 1.1 through 4.2 of the iOS mobile application entitled Foursquare, and did one or both of the following between April 4, 2009 and February 14, 2012: (1) for versions 1.1 through 4.2, activated via such app on their Apple iDevice (iPhone, iPad, iPod Touch) the “Add Friends” feature of the Foursquare mobile application or (2) for versions 3.1 through 4.2, registered via their iDevice as a Foursquare user through the Foursquare mobile application;
- who received from Apple’s App Store one or more of versions 1.5.0 through 4.1 of the iOS mobile application entitled Gowalla, and did one or both of the following within the Gowalla mobile application between February 23, 2010 and February 23, 2012: (1) selected a checkbox stating “Automatically connect with friends from my address book” and then depressed a “Let’s Get Started” button; (2) depressed a “Find Friends” button and then depressed an “Address Book” button;
- who (i) owned an Apple iDevice on which he or she registered an account for any of the versions 1.0.0 through 2.0.7 of the Instagram App obtained from the Apple’s App Store; (ii) utilized the Find Friends feature of the Instagram App between October 6, 2010 and February 10, 2012; and (iii) resided within the United States at the time he or she registered an Instagram account and used the Find Friends Feature;
- who (i) owned an Apple iDevice on which he or she downloaded from Apple’s App Store, installed, and registered an account on the Kik App; (ii) installed version 5.4.0 of the Kik App; (iii) after installing version 5.4.0, utilized the Suggested Friends feature of the Kik App between December 22, 2011 and February 11, 2012; (iv) as a result of such use of the Suggested Friends Feature, had contacts data uploaded to Kik’s servers in non-hashed format; and (v) resided within the United States at the time he or she registered a Kik account and used the Suggested Friends Feature;
- who received from Apple’s App Store a copy of version 2.0 through 2.0.5 of the iOS mobile application entitled Path, and who were Path registrants and activated via such app on their Apple iDevice the Path mobile application between November 29, 2011 and February 7, 2012;
- who received preinstalled on an Apple iDevice and/or from Apple’s App Store a copy of versions 3.3 through 4.0.1 of the iOS mobile application entitled Twitter between March 11, 2011 and February 21, 2012, and activated via such app on their Apple iDevice the “Find Friends” feature of the Twitter mobile application; and/or
- who received from Apple’s App Store a copy of versions 4.0.0 through 5.6.0 of the iOS mobile application entitled Yelp, and activated via such app on their Apple iDevice the “Find Friends” feature of the Yelp mobile application between January 16, 2010 and February 22, 2012.
Excluded from the Class are (a) the App Developers, (b) any entities in which the App Developers have a controlling interest or which have a controlling interest in the App Developers, (c) the App Developers’ respective officers, directors, employees, subsidiaries, affiliates, and attorneys, and (d) the Judge presiding over the Litigation and any of his employees or immediate family members.
For more information about the Settlement, please review the Class Notice.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|The purpose of the Notice is to inform you of the Proposed Settlement Agreement and, if you are a Class Member, of your options. Each option has its consequences, which you should consider before making your decision. Your options as a Class Member are summarized below:
|MAKE A CLAIM
||If you are a Class Member, the only way to get a payment under the Settlement is to visit the Claim Form page and submit a valid online Claim Form. This will release your claims against the App Developers and result in a payment to qualified claimants.
November 10, 2017
||You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it shouldn’t be approved. Filing an objection does not exclude you from the Settlement. You must still make a claim, even if you object, to receive payment.
November 10, 2017
||If you exclude yourself from the Settlement, you will not receive a payment under the Settlement. Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against the App Developers regarding the allegations in the Litigation ever again.
November 10, 2017
|GO TO THE “FAIRNESS HEARING”
||The Court will hold a “Fairness Hearing” to consider the Settlement, the request for attorneys’ fees and costs of the lawyers who brought the Litigation, and the Class Representatives’ request for service awards for bringing the Litigation.
You may, but are not required to, speak at the Fairness Hearing about any objection you filed to the Settlement. If you intend to speak at the Fairness Hearing, you must also submit a “Notice of Intention to Appear” to the Court and the parties’ attorneys, indicating your intent to do so.
December 14, 2017
||You will not receive payment under the Settlement. You will also release your claims against the App Developers, give up your right to object to the Settlement, and you will be not be able to be part of any other lawsuit about the legal claims in this case.