Federal Court Unseals FTC Complaint Against Kochava Alleging Unfair Data Practices

On November 3, a federal court in the District of Idaho unsealed an amended complaint that the Federal Trade Commission (FTC) had filed in June 2023 against Kochava. The complaint alleges that Kochava engaged in unfair acts or practices in violation of Section 5 of the FTC Act by collecting and using vast amounts of sensitive consumer personal information — including, for example, precise geolocation data and app browsing activity — and selling that information to its own customers, all without the knowledge or consent of consumers.

The unsealing of this amended complaint is the latest step in litigation that began with the FTC's filing of an initial complaint against Kochava in August 2022. In May 2023, the court granted Kochava's motion to dismiss, finding that the FTC had failed to adequately allege "a likelihood of substantial consumer injury," and therefore failed to state a claim under Section 5. The court, however, also granted the FTC leave to amend its