Twitter has been slapped with a proposed class action lawsuit, which alleges that the service uses URL shorteners in violation of the Electronic Communications Privacy Act and California’s privacy law.
According to court documents filed Monday, Texas resident Wilford Raney brought the complaint to federal court in San Francisco, citing that although “Twitter represents that its users can ‘talk privately,’ Twitter ‘surreptitiously eavesdrops on its users private direct message communications.”
The complaint alleges that Twitter “intercepts, reads, and at times, even alters the message” as soon as someone sends a direct message.
According to the suit, Twitter benefits from replacing original user hyperlinks with its own and cites a New York Times link as an example.
“Twitter increases its perceived value to third-party websites and would-be advertisers,” the court documents read. “That is, in the example given, the New York Times would identify Twitter as the source of internet traffic, whereas without replacing the link the source would be anonymous.”
The plaintiff argues Twitter changes a link like “www.nytimes.com” to links like “http:/t.co/CL2SKBxr1s” while still displaying the original link to its users so that when someone clicks on the new link, the user is first taken to Twitter’s “t.co” website and then forwarded to the newyorktimes.com websites. Therefore, New York Times will see Twitter as its main traffic source.
Why go to the trouble? “The end result is that Twitter can negotiate better advertising rates,” says the lawsuit.
Although not actual people, but Twitter algorithms, are making the changes, the lawsuit alleges that it still violates the Electronic Communications Privacy Act and California’s privacy law.
And yet, while Twitter promises not to read direct messages, a close look shows that Twitter replaces links in those privates message with “t.co” links as well. And because Twitter doesn’t disclose this but acknowledges that it publicly replaces hyperlinks found in only tweets, the lawsuit argues that the service “reads the contents of each one without consent.”
In general, Twitter advertises Direct Messages as a way to “talk privately,” but the lawsuit claims that “contrary to Twitter’s representations, Direct Messages are not private.”
Lastly, the lawsuit alleges that “Twitter uses cookies, such as the ‘t.co’ cookie, not only to track users as they connect to its own websites, but also as they surf the web. Indeed, Twitter partners with websites operators to include ‘tweet this’ buttons on their websites, to expand Twitter’s tracking and analytics capabilities.'”
The plaintiff brought the class action lawsuit against Twitter on behalf of himself and two classes: the sender class, “who sent a Direct Message where Twitter was not a party to the message,” and the recipient class, parties who received a Direct Message. The damages are as high as $100 per day for each Twitter user whose privacy was violated — as of right now, it is unclear how many members are disclosed in each party, but “on information and belief, there are tens of thousands of people in each of the Classes, making joinder of each individual member impracticable.”
A Twitter representative has not responded to TheWrap’s request for comment.
Hollywood's Most Outrageous Lawsuits (Photos)
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.
Lindsay Lohan filed suit against Fox News and Sean Hannity on Feb. 2, 2015, after a news correspondent accused Lohan's mom of snorting cocaine with her troubled daughter. It didn't take long for Fox to fire back. “We will defend this case to the fullest,” the network told TheWrap the next day.
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A former nanny for Mariah Carey and Nick Cannon filed a lawsuit on Jan. 28, 2015, alleging she was fired after showing the couple's kids too much affection and did not receive overtime pay despite working 100 hours per week.
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Legendary funk artist Sly Stone won $5 million on Jan. 27, 2015, after suing his former manager and entertainment attorney for misappropriating royalties owed him for more than 20 years.
Former “Real Housewives of Orange County” executive producers Patrick Moses and Kevin Kaufman filed a suit against Bravo in Nov. 2014, claiming they were deceitfully ousted from the show and bilked out of millions of dollars after helping to create the show and the franchise.
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Jessie Nizewitz, a contestant on VH1’s “Dating Naked,” filed suit in New York in Aug. 2014, seeking $10 million in damages for emotional distress, humiliation and embarrassment after the show allegedly failed to properly blur her genitals.
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Octavia Spencer was awarded $940,000 in Dec. 2014 after claiming a weight loss company, Sensa Products Inc., wrongfully fired her from an endorsement deal and still owed her money.
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Former Tinder executive Whitney Wolfe filed a sexual harassment lawsuit against her former company June 2014, alleging she was repeatedly called a "whore" by CMO Justin Mateen and was stripped of her co-founder title simply for being a woman.
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Former TMZ producer Jarrett Gaeta slapped his former employer with a lawsuit in June 2014, claiming he was wrongly terminated. Gaeta was let go after a subordinate accused him of "racist behavior," including defending blackface and sending pictures of watermelons to African-American employees.
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CNN America was sued in Aug. 2014 by a pair of plaintiffs who claim that correspondent Arwa Damon bit one of them and threatened both during a drunken altercation at the U.S. Embassy in Baghdad.
"Boardwalk Empire" actress Paz de la Huerta sued Lionsgate in Aug. 2014 claiming she was run over by an ambulance while filming "Nurse 3D." Lionsgate filed a motion to dismiss, which De La Huerta opposed on Jan. 23, 2015. Lionsgate then opposed her opposition on Jan. 30, 2015, in a seemingly neverending loop of opposing motions.
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Rapper Rakim Mayers, aka A$AP Rocky, was sued in civil court in June 2014 for allegedly assaulting a woman while making his way through a crowd during the 2013 Made in America Festival.
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Nicki Minaj’s former hairstylist and wig designer filed a $30 million lawsuit against the rapper in 2014 for allegedly stealing his wig designs and costing him a potential reality show. A judge later dismissed the case for lack of sufficient evidence.
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Kim Kardashian and Kanye West filed suit against YouTube founder Chad Hurley on Oct. 31, 2013, claiming he posted a video of the couple’s surprise engagement to his website without permission. The process was delayed when Hurley’s reps filed an anti-SLAPP motion in an attempt to have the case dismissed.
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Jahmel Binion filed a lawsuit against Shaquille O’Neal in July 2014 when O’Neal posted a photo to his Instagram account mocking Binion, who suffers from a rare condition that causes facial abnormalities, sparse hair and missing teeth. Binion claimed defamation, emotional distress and invasion of privacy in the $25,000 lawsuit, and after pressure from the public O’Neal apologized.
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In 2014 singer Chris Brown was mentioned in a lawsuit filed by the cousin of artist Frank Ocean. The defendant claimed Brown and an associate allegedly kicked and punched him when he confronted them about parking in a spot designated for Ocean at a Los Angeles recording studio. Ocean, who was also injured, later said he wouldn't seek criminal or civil penalties.
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From embezzlement to slander, there’s no shortage of celebrity court action
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.