Earlier this week, a putative class action was
brought against the NBA's Golden State Warriors
concerning the team's mobile application. According to the
complaint, the free app provides an interactive experience for fans
by delivering scores, news and other information relevant to the
Golden State Warriors. The plaintiffs allege that the app contains
certain Bluetooth beacon software that allows the Warriors to
target specific consumers and send them tailored content,
promotions or advertisements based on their location.
The app allegedly listens for audio beacons by secretly
activating a consumer's built in microphone in their mobile
device (regardless of whether the consumer is using the app). The
app then listens to and records all audio within range, including
consumer conversations. The plaintiffs contend that they were
not informed, nor did they consent to this technology. Accordingly,
the plaintiffs are asserting a violation of the Electronic
Communications
