During one of the year’s busiest travel seasons, when a change of plans can cost travelers upwards of $150, Delta Airlines was just hit with a lawsuit for NOT changing a thing. (Oh, the irony.)
Earlier this year, California Attorney General Kamala Harris warned the airline, along with about 100 other companies and mobile app developers, that she was cracking down on apps that did not comply with the California Online Privacy Protection Act.
But Delta failed to change course, and it didn’t take long for the airline to show up on again Harris’ radar screen. From Ifrah Law:
The move – or to be precise, the inaction – could end up costing Delta a lot more than a change fee: Harris is seeking penalties of $2,500 for each time the “Fly Delta” app was downloaded (according to the complaint, it has been downloaded “millions of times”).
Five takeaways for companies with mobile plans:
1. It’s time for everyone to comply with the law:
2. Policies must clearly describe the information you collect and what you do with it:
4. 30 days means 30 days:
“The Attorney General’s [October 30, 2012] letters asked app developers to respond within 30 days with either (1) specific plans and a timeline to comply with CalOPPA or (2) an explanation of why their app is not covered by CalOPPA. Just a few days after the 30 day period ended, on December 6, 2012, the Attorney General filed the first legal action under CalOPPA against Delta Airlines, alleging that its Fly Delta app violates the online privacy law.” (Fenwick & West)
5. Stay tuned: there’s undoubtedly more to come:
“The California Attorney General’s lawsuit against Delta is a sure sign that California will continue to follow through on its efforts to mandate compliance with its Online Privacy Protection Act, and other states may follow California’s lead.” (Ifrah Law)
- California Attorney General Brings Privacy Law Enforcement Action Against Delta Air Lines Over “Fly Delta” Mobile Application – White & Case LLP
- “Fly Delta” May Get Grounded by California Attorney General – Mintz Levin
- Delta’s Mobile Application’s “Wings Clipped” – BakerHostetler
- Privacy Litigation Alert: First Lawsuit Filed Under California’s Online Privacy Protection Act – Fenwick & West LLP
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