A proposed class action has been filed by plaintiffs who wish to represent all U.S. persons who installed the Google-Apple Exposure Notification System (“GAEN”) on their mobile devices. The lawsuit was filed in April 2021 in the Northern District of California. The plaintiffs allege that Google and Apple developed a COVID-19 contract tracing app that allegedly left sensitive data exposed to multiple third parties. The suit also claims that the privacy of the end user was exposed to other users within range of the user.

According to the lawsuit, GAEN’s technology left a privacy flaw in place that they were aware of in February 2021 but ultimately failed to inform the public that their personal and/or medical information was exposed.

The lawsuit is Diaz et al. v. Google LLC, case No. 5:21—cv-03080, in the U.S. District Court for the Northern District of California.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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