Articles Posted in Privacy Lawsuit

Published on:

A class action lawsuit has concluded with Motel 6 agreeing to an $8.9 million settlement. Central to the litigation was the assertion that motel employees conveyed private information regarding Latino guests to officials working for Immigration and Customs.

on-brass-scale-32746330-001The claims in the lawsuit centered around two Motel 6 locations in Phoenix. Eight hotel guests claimed that their private data was given to ICE officials even though the officials didn’t have a warrant. Among the complaints were that hotel employees invaded the privacy of its guests and that the employees discriminated against the guests based on their national origin and race.

Motel 6 admitted in September that employees at its Arizona locations shared guest information with government officials. This transfer of information led to guests being detained or even deported on numerous occasions.

It was the Phoenix New Times that initially brought the practice to light. In the aftermath, public cries to boycott the Motel 6 brand became difficult to ignore. G6 Hospitality, which owns the Motel 6 brand, states that the actions of the employees in Phoenix do not represent company policy. In fact, the corporate office was unaware of the practice.

Subsequently, Motel 6’s corporate offices instituted a company-wide policy forbidding the sharing of information with law enforcement unless employees are compelled to do so. A warrant or subpoena must be presented before any information can be exchanged.

The Mexican American Legal Defense and Educational Fund represented the eight plaintiffs in the lawsuit. A spokesman for the organization says that upwards of $7.6 million of the settlement will go directly to the plaintiffs. An estimated $1.3 million will be used to pay for the costs of administering the settlement and for attorney fees. Those plaintiffs who were placed in removal proceedings stand to get the largest share of the settlement money.

With planning and some luck, most businesses never have occasion to deal with law enforcement. However, this case is a helpful reminder that it is wise to have policies in place so that employees will know how to react in the event of an encounter with law enforcement.

Published on:

Is it acceptable for a third-party app developer to have access to private email inboxes? That’s the central question in a new class-action lawsuit that was filed in Sacramento. The lead plaintiff is James Coyne, an Ohio resident with a Gmail account, and he alleges that Google allows others to look at the emails in Gmail user’s inboxes for purposes of marketing and data mining.

Big-Brother-Spy-4Google has already pledged to stop scanning emails in user inboxes for advertising purposes. However, Coyne says that the company didn’t go far enough to protect user privacy. Google’s pledge came in the wake of another class-action suit in which the plaintiffs charged that their privacy rights were violated by the company’s practice of scanning incoming emails to generate targeted advertisements.

Nonetheless, the plaintiffs in this new case allege that the company continues to allow third parties to sift through the inboxes of users who sign up for certain email newsletters such as those that contain price comparison tools. The Wall Street Journal and other media outlets say that the purpose of this sifting is to mine data, produce new marketing efforts and other unspecified tasks.

Coyne argues that “Gmail users never provided consent to Google to provide privileged access to third-party developers.” He goes on to assert that this practice is in contrast with the company’s recent vow to make every effort to protect user privacy. The problem as Coyne sees it is that users might opt out of using Gmail if they knew that their emails would be scanned by strangers.

Google says that every third party that has access to Gmail inboxes is thoroughly vetted. This means that Google is satisfied that the third parties won’t use any data that they collect for nefarious purposes. Additionally, the company argues that third-party apps aren’t allowed to access inboxes until Gmail users are shown a permissions screen.

Coyne argues that the permissions screens don’t go far enough. Protecting data and customer privacy is increasingly important in this technology-driven era. Consult with a business attorney to ensure that you and your clients are sufficiently protected.