Beaumont class action accuses HTC of intercepting private messages

Michelle Keahey, East Texas Bureau Dec. 13, 2011, 3:14am

A recently filed class action accuses HTC of unlawfully intercepting private electronic communications from private mobile phones, handsets and smart phones.

Claiming violations of the Federal Wiretap Act, Joseph Cosme, individually and on behalf of all others similarly situated, filed suit against Carrier IQ Inc., HTC Inc. and HTC America Inc. on Dec. 5 in the Eastern District of Texas, Beaumont Division.

He is seeking more than $5 million in statutory and punitive damages, plus interest, attorney's fees and court costs.

According to the complaint, defendant Carrier IQ is a provider for mobile services intelligence solutions to the wireless industry and uses embedded diagnostic software to capture and record keystrokes on mobile devices. The software is embedded in HTC Android phones, according to the lawsuit.

Plaintiff Cosme owns an HTC Android phone using the AT&T network. He states that he used his phone to send various types of private data, which was not readily accessible to the general public. The defendants are accused of monitoring and collecting this data without Cosme's permission.

The defendants are accused of violating the Federal Wiretap Act.

The proposed class action will include all U.S. residents who operate a cellular phone manufactured by HTC and from which Carrier IQ collected electronic communications.

Cosme is represented by Eric D. Holland II of Holland, Groves, Schneller & Stolze in St. Louis, Mo.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:11-cv-00689

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