Carrier IQ Class action lawsuit, please jump on board - General Topics

I spoke to the lawyer here in St. Louis that is going after HTC, samsung, Carrier IQ and I wanted to try and help the battle. He said that he is creating a website now that would allow group participation in the suit. This is where the XDA community comes in! He said the more people that jump on board the stronger it will look for a judge. When the website is created, I will post a link where everyone can sign up to go against any company who uses Carrier IQ, and request that they stop.
"Thank you for asking our firm to represent you in connection with this matter. In order for others who have inquired of you and are interested in pursuing this matter, they can follow the link below to a generic consumer fraud report form on our website. We are adding CIQ/Cell Phone specific forms and content as we speak but that probably won’t be available this weekend. In the meantime, anyone can use the form below to contact us about possible representation. They should be sure to include information about the exact make and model of their cell phone, the operating system it is running (Android, iOS, etc.) and their wireless carrier.
http://www.hgsslaw.com/PracticeAreas/ClassActions/ConsumerFraudReportRequest.aspx "
Under "report fraud/claim" put "Carrier IQ, wire tap, device brand name, OS, ect.
Thanks!
-Eric

iceman4357 said:
I the lawyer here in St. Louis that is going after HTC, samsung, Carrier IQ and I will be joining them in their fight hoping to add AT&T, Apple, ect to the battle. He said that he is creating a website now that would allow group participation in the suit. This is where the XDA community comes in! He said the more people that jump on board the stronger it will look for a judge. When the website is created, I will post a link where everyone can sign up to go against any company who uses Carrier IQ, and request that they stop.
Stay Tuned!
-Eric
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Click to collapse
Us here in the XDA Community understand that HTC and Samsung are not carriers, so I don't see how they can be implemented in the lawsuit. Carrier IQ is installed by the carriers. You should do your research before bringing them into the lawsuit. I don't think you want to get counter-sued.

lowandbehold said:
Us here in the XDA Community understand that HTC and Samsung are not carriers, so I don't see how they can be implemented in the lawsuit. Carrier IQ is installed by the carriers. You should do your research before bringing them into the lawsuit. I don't think you want to get counter-sued.
Click to expand...
Click to collapse
I appreciate your concern but research has been performed, and I think you might have to do some of your own research. Manufacturers install the software into the phone by request of carriers. Kind of makes them all responsible. Please read the statements posted in the link below:
http://www.engadget.com/update/carrier-iq-which-companies-have-the-smarts/
Seems to me that the carriers request the manufacturers install it as I read it; meaning that the manufacturers install it themselves and both parties benefit from the information collected.
Either way, under wire tap law ANY company that collects personal information without consent is in violation.

waiting for a link.....
handheld google device

groves226 said:
waiting for a link.....
handheld google device
Click to expand...
Click to collapse
Edited top post for link.

Please continue discussion here

Related

I just got this email from Verizon...

"Important Privacy Notice: Customer Proprietary Network Information
Re: Account Number ending XXXX-XXXXX
Dear Valued Customer,
At Verizon Wireless, we value you as a customer, and we know how important privacy is to you. As a company, we have a long-standing policy of guarding personal customer information.
This notice contains information about Customer Proprietary Network Information (CPNI). Verizon Wireless needs your permission to share your CPNI within the Verizon family of companies, which includes our affiliates, agents and parent companies (including Vodafone), as well as their subsidiaries. This information allows us to better serve you by identifying, offering and providing the most appropriate communications products and services to fit your needs. You have the right to request that we not share such information, so please read this notice carefully.
Regardless of your decision, your CPNI will never be shared by Verizon Wireless with any unrelated third parties.
As your wireless provider, Verizon Wireless may have certain information about you that is made available to us solely by virtue of our relationship with you, such as details regarding the telecommunications services you purchase, as well as the type, destination, technical configuration, location and amount of use of such services. This information and related billing details are known as CPNI. The protection of your CPNI is important to us, and we acknowledge that you have a right, and we have a duty under federal and state law, to protect the confidentiality of this information.
You have a right to request that your CPNI remain private, and may do so by clicking the Do Not Share My CPNI button below. Unless you notify us within 45 days of receiving this notice that you do not want your CPNI shared, we will assume that you give us the right to share your CPNI with authorized companies described above.
Please be advised if you allow your CPNI to be shared, your consent will remain valid until we receive your notice withdrawing it, or for two years, whichever comes first. You may withdraw your consent at any time through My Verizon.
If you would like more information on CPNI and selecting not to share, please review the frequently asked questions.
Sincerely, Verizon Wireless"
In other words, tell them hell no.
Sent from my HTC Gingerbolt running Liquid Thunderbread 2.3
They want to be able to have their affiliated companies market stuff to you, by providing them info on what services and products you use, and how you use them.
I'd tell them to go to hell, but that's just me.
mike.s said:
They want to be able to have their affiliated companies market stuff to you, by providing them info on what services and products you use, and how you use them.
I'd tell them to go to hell, but that's just me.
Click to expand...
Click to collapse
yeah what he said +1
1.21 giggawatts Thunder™
They want to send you spam, tell them to give you a Bionic for free, and then you will agree.
Thanks for the heads up. If anyone wants to check their account go to view profile (top center of page) in "My Verizon". Then scroll to the bottom and click on manage privacy settings. My account was set to share my CPNI. I changed it to Don't share. Those sons of *****es.
Yeah I set mine to not share. I like how Verizon says the "NEED" your cpni to "better serve us".... lmao
orkillakilla said:
Yeah I set mine to not share. I like how Verizon says the "NEED" your cpni to "better serve us".... lmao
Click to expand...
Click to collapse
Ditto, serve us better by letting your phones be unlocked from the start...
https://nbillpay.verizonwireless.com/vzw/accountholder/profile/CPNISettings.action
Here is the quick link to you get directly to the page to change this.
ThunderStick said:
https://nbillpay.verizonwireless.com/vzw/accountholder/profile/CPNISettings.action
Here is the quick link to you get directly to the page to change this.
Click to expand...
Click to collapse
Thanks for the link, mine was already set to not share.
Sent from my HTC Thunderbolt
ThunderStick said:
https://nbillpay.verizonwireless.com/vzw/accountholder/profile/CPNISettings.action
Here is the quick link to you get directly to the page to change this.
Click to expand...
Click to collapse
Thanks ThunderStick-all 3 of my lines were set to share...not now!
ThunderStick said:
https://nbillpay.verizonwireless.com/vzw/accountholder/profile/CPNISettings.action
Here is the quick link to you get directly to the page to change this.
Click to expand...
Click to collapse
Thanks where thanks is due...couldn't find it anywhere! Geez
hinds73
Thank you mine were set to share, never received email or told about this before hand.
Funny thing is right after reading this thread yesterday I checked and all five of my lines were set to share. I changed all of them to not share and then this morning I received the same email the the OP received.
While we're on the subject of being spammed, always remember that no matter how "confidential" or how much "respect" they will treat your account with, the real kicker is those 3rd parties. While verizon says they will never blatantly give out your information, there's always some line buried in there that basically says they are not responsible for what their 3rd parties do. So if company A gives info to only company B, but company B can give info to CDEFGHIJKLMNOPQRSTUVWXYZ123456789, then basically company A has just given your info away to the entire universe. See how catchy that works? I just always like to point that stuff out. "We will never give your information out, but we cant be held responsible for what our partners do lolololz!"
This program really isn't new. Ifyou google around you'll see they made it"opt out"last year sometime when it should have always been opt in. I think I first read about out in theconsumerist.com. It's evil though.
I got the Verizon email last night, DENIED them after reading. But seriously, what are the benefits to the consumer of this?
I swear to god, I opted out last year. However, here it is again this year, and I'm opted in on all lines...
I never got the letter, but thankfully, mine was set to "Do Not Share". I wouldn't put it past the sneaky ba*tards.
finally got my email on this. checked the setting and it was back at allow after i switched it to no! Jerks!
Yeah, no email here, but all 5 lines were set to share.
Thanks for the heads up mate

Help Spread the Word and Support TrevE (Situation solved)

As some of you may know TrevE has helped to discover CIQ problems that were prevalent throughout a plethora of devices. Due to his efforts to educate us in what was going on in our devices CIQ has now issued a C&D to him. I urge you all to read this article and please help spread the word: http://www.xda-developers.com/android/carrier-iq-sues-treve/
dastin1015 said:
As some of you may know TrevE has helped to discover CIQ problems that were prevalent throughout a plethora of devices. Due to his efforts to educate us in what was going on in our devices CIQ has now issued a C&D to him. I urge you all to read this article and please help spread the word: http://www.xda-developers.com/android/carrier-iq-sues-treve/
Click to expand...
Click to collapse
Man I totally agree with you. I already tipped a bunch of tech news sites and I posted on a few blogs. You mind if I steal your sig while this is happening?
monkeychef said:
Man I totally agree with you. I already tipped a bunch of tech news sites and I posted on a few blogs. You mind if I steal your sig while this is happening?
Click to expand...
Click to collapse
Go ahead
私のエボ3Dから送信される。
+1
If he is taking up donations for legal fees count me in.
I hadn't heard about this. Thanks for bringing it to light for me. It's absolutely terrible.
+1
I'm one of yours
BREAKING NEWS!
TREV WINS
Mountain View, CA – November 23, 2011 – As, of today, we are withdrawing
our cease and desist letter to Mr. Trevor Eckhart. We have reached out to Mr.
Eckhart and the Electronic Frontier Foundation (EFF) to apologize. Our action
was misguided and we are deeply sorry for any concern or trouble that our letter
may have caused Mr. Eckhart. We sincerely appreciate and respect EFF’s work
on his behalf, and share their commitment to protecting free speech in a rapidly
changing technological world.
We would like to take this opportunity to reiterate the functionality of Carrier IQ’s
software, what it does not do and what it does:
- Does not record your keystrokes.
- Does not provide tracking tools.
- Does not inspect or report on the content of your communications, such as
the content of emails and SMSs.
- Does not provide real-time data reporting to any customer.
- Finally, we do not sell Carrier IQ data to third parties.
Our software is designed to help mobile network providers diagnose critical
issues that lead to problems such as dropped calls and battery drain.
Here’s what our software does:
- Our software makes your phone work better by identifying dropped calls
and poor service.
- Our software identifies problems that impede a phone’s battery life.
- Our software makes customer service quicker, more accurate, and more
efficient.
- Our software helps quickly identify trending problems to help mobile
networks prevent them from becoming more widespread.
We look forward to a healthy and robust discussion with EFF that we believe will
be helpful to us, to our customers, and to consumers that use mobile devices.
We welcome feedback on our products and understand that Mr. Eckhart and
other developers like him play an important role by raising questions about the
complicated and technical aspects of the mobile ecosystem.
私のエボ3Dから送信される。
My open letter to Carrier IQ.
Dear Carrier Iq Team,
I'm deeply annoyed and a kind of anger is surging as well.
I think you lost all credibility by the way you behaved with Mr. Eckhart, XDA dev., who did point to us users the hidden tool that you implemented in some smartphones.
Withouth the knwoledge of their customers!

Trying to sue him than retracting because of a growing pressure from the community shows also how you are acting and thinking.
Not consumer friendly and by your behaviour you do a lot of damage to that industry. Who will now believe you if you says that you don't track sensible datas or so. Me not! You just lost a lot of credibility.
I saw the post from Mr. Eckhart and the very intelligent way how he pointed that out. I'm not sure that regulations allow you to do it that way and will have to dig a bit into it.
I saw the C&D letter you sent to him and must say that your General Consel who wrote it lacks some kind of diplomacy and judgment.
Maybe you're allowed in your country to do such things, which i doubt. In Europe you could get sued for that. Keep it in mind and tell your wise General Counsel to be ready.
Do you remember how much problems Street View had in our beautifull Europe…keep that in mind also.
I'm not a dev., i'm not an it security guy, just a plain customer, an angry customer.
Sincerly.
Innal
As situation solved this nos longer needs to be stickied.

Cnet Deffends Carrier IQ (wait what?)

So yeah carrier IQ, that company that claims not to log things but has cellphone users being mapped on its web page advert (see atachments).
Has had Cnet come to its defense.
Cnet Link "How Carrier IQ was Wrongly accused of keylogging"
Bullets
There is no proof they did anything with the data
The program doesn't collect data
Our supposedly real programer says it wasn't doing anything
It really is spyware just not as bad as we think it is
Even though his name is coward he isn't a liar
I spoke to the lawyer here in St. Louis that is going after HTC, samsung, Carrier IQ and I wanted to try and help the battle. He said that he is creating a website now that would allow group participation in the suit. This is where the XDA community comes in! He said the more people that jump on board the stronger it will look for a judge. When the website is created, I will post a link where everyone can sign up to go against any company who uses Carrier IQ, and request that they stop.
"Thank you for asking our firm to represent you in connection with this matter. In order for others who have inquired of you and are interested in pursuing this matter, they can follow the link below to a generic consumer fraud report form on our website. We are adding CIQ/Cell Phone specific forms and content as we speak but that probably won’t be available this weekend. In the meantime, anyone can use the form below to contact us about possible representation. They should be sure to include information about the exact make and model of their cell phone, the operating system it is running (Android, iOS, etc.) and their wireless carrier.
http://www.hgsslaw.com/PracticeAreas/ClassActions/ConsumerFraudReportRequest.aspx"
Under "report fraud/claim" put "Carrier IQ, wire tap, device brand name, OS, ect.
Sign the grouble:
http://www.groubal.com/remove-carrier-iq/
Thanks!
-Eric
Let me blacklist CNET in browser, I'll be back in a second...
I bet in all my money that he's bribed. He even linked to other CNET articles which agree CIQ is bad, and is a rootkit.
And, he doesn't link to XDA where Trevor explains exactly how does it work on every device (proving the theory of "they sell configurable software and the carriers decide what options to enable" being wrong).
http://forum.xda-developers.com/showthread.php?t=1367282

Keep Unlocking Phones Legal

Hey guys and gals, there's a petition floating around that everyone needs to sign. If you value the ability to unlock your device, you need to sign this. Let your voice be heard and keep this AOSP. XDA is a strong vast community of devs and noons alike. Don't let them take our rights.
http://www.androidauthority.com/mobile-phone-unlocking-petition-150925/
Thank You all very much:laugh:
I SIGNED
jbats said:
Hey guys and gals, there's a petition floating around that everyone needs to sign. If you value the ability to unlock your device, you need to sign this. Let your voice be heard and keep this AOSP. XDA is a strong vast community of devs and noons alike. Don't let them take our rights.
http://www.androidauthority.com/mobile-phone-unlocking-petition-150925/
Thank You all very much:laugh:
Click to expand...
Click to collapse
i signed it man hope it helps we need to get this out more on different forums and such anything i can do to help
soldier1184 said:
i signed it man hope it helps we need to get this out more on different forums and such anything i can do to help
Click to expand...
Click to collapse
Repost to your social networks, start other threads, pass it along. If you don't voice your opinion, you can't moan when they get locked down. Look what Verizon just did with there recent update. Luckily we have Adam Outler in our arsenal of devs.
jbats said:
Hey guys and gals, there's a petition floating around that everyone needs to sign. If you value the ability to unlock your device, you need to sign this. Let your voice be heard and keep this AOSP. XDA is a strong vast community of devs and noons alike. Don't let them take our rights.
http://www.androidauthority.com/mobile-phone-unlocking-petition-150925/
Thank You all very much:laugh:
Click to expand...
Click to collapse
Signed it a few minutes ago
Sent from my GT-P3110 using xda app-developers app
I just wanted to give my two cents on this issue. I'm not a nay-sayer and am not trying to say you shouldn't take action if you believe action is warranted.
My opinions on this issue are as follows.
1. Has anyone read any of the official 'white house' responses from other petitions? It's like they pay someone (not sure who but I would bet they make minimum wage) to give a 2 or 3 line comment to whatever you submit. So say this petition gets an additional 82,000 signatures... what's the official response going to be? "Thank you for your concern in this matter, however, the administration's official position is that modifying an item that you do not fully own adds a burden and cost to businesses when those modifications result in failure of said item. We will continue to evaluate this issue" or some BS.
2. This law isn't enforceable. You can't physically 'go after' people for their cell phones and prosecute them. There's just no manpower to do so. Next time you get pulled over for speeding is the cop going to see your cell phone in your car and ask to see it? How's he/she going to know it's unlocked without permission (or unlocked at all)?
3. Let this law stand... see where it goes... Imagine the fallout if carriers started sending warning texts to people who have supposedly illegally unlocked their phones! Imagine the lawsuits/bad publicity that would spawn against carriers for monitoring people's cell phones without their consent or knowledge! I guarantee there's nothing in anyone's cell contracts that would allow T-Mobile, AT&T, etc. the right to track and monitor usage of the device throughout the duration of your contract to insure the device isn't being tampered with or unlocked.
4. This is just political figures throwing their campaign contributor 'a bone' and another sad sign of just how bloated government is here. This law is no different than some of the other ridiculous digital copyright crap being spewed out.
5. Once your contract is up you are allowed to do whatever you wish to your phone. You can also get permission to have your device unlocked from your carrier at any time. I know of a few people that travel abroad and for them it was as simple as asking to be able to use another sim when they travel. If you have a good long standing account with your carrier they are very likely to comply (else they risk losing business).
None of this applies to flashing custom roms or the like (which will always void any warranty, etc.), just with carrier unlocking the phone.
anactoraaron said:
None of this applies to flashing custom roms or the like (which will always void any warranty, etc.), just with carrier unlocking the phone.
Click to expand...
Click to collapse
Your right and I totally agree. I just recently got an i777 unlocked by simply calling the carrier(ATnT) and requesting it so I could use it with a prepaid network. The account was in good standing, all previous balance had been paid off.Voila
Trick was driving 45 mins to get a sim, because I told the carrier it was my phone(idiot), but my friend was happy.

it *is* legal to change IMEI - please stop censoring legit threads

I was quite disgusted to see how the mods failed to interpret the law, and how they reacted in this thread.
Someone cited a proposed Senate bill, not an actual law that's on the books, and the mod reacted as if it were law. And worse, the proposed legislation actually exempted XDA participants anyway:
(d) Exception- Subsection (b) shall not apply to the manufacturer of a
mobile device or a person who repairs or refurbishes a mobile
device unless the manufacturer or person knows that the mobile
device or part involved is stolen.'.
Click to expand...
Click to collapse
This is the thread that emerges in search results. What an embarrassment to xda. Is xda not interested in creating a forum for those who repair mobile devices?? Some of whom actually seek to alter their IMEI back to its original number after bricking wiped it out are being denied support. How foolish is that?
I propose the lock be removed from that thread, and zelendel apologize for the error.
Great to see someone hitting the books and citing real published sources rather then spreading paranoia based on hearsay. Always seek a published source to back up anything you spread or specify that it is not confirmed true and is speculative.
I did ++ your post bro, I ranted about MEID repair stuff in cricket users I should probably rant about it here too, I'm sick and tired of everyone assuming that one who is attempting to repair an MEID is a thief/fence. Likewise there are legal ways to discuss that topic (this is speculative because I'm too lazy to pull up legislation right now, I have a headache and I was nodding out in the middle of reading up on AT commands) like I'm pretty sure (but I don't have the law to cite so someone else should do find it) that zeroing out and changing and MEID to the one that was originally registered to the device (the one under the battery) is legal to do and doesn't violate any FCC or other federal regulations. I'm pretty sure I have read that and did cite it in my rant on the subject at cricket-users. But some people just decide to demonize an activity and do witchunts. I will say right out that I regularly repair MEID numbers and any phone I beleive to be stolen that I ever run across I go through the phone book and find the ICE or obvious family contacts and arrange to return the stolen property, even if is a handset I purchased and then found to be stolen I will willingly loose that money to get someone their **** back. I've had many phones stolen from me and it's messed up and I wouldn't do that to someone else.
When phones are stolen their MEID normally only remains on the blacklist for the duration of the phone being on that account, once the person replaces the phone and activates it, this releases the stolen phone's MEID from the database and allows it to be activated again (this practice is verified to be Sprint policy by a high-tier CSR I spoke with during a support call, I had a phone stolen from me by the police, not making this up, and I was trying to permanently prevent it from being activatable. It is not easy.)
So if you have a problem with MEID repairing be real about it, don't act like anyone who mentions it is a thief and start lodging accusations. It is against this site's current policy and any such comments discussing how to do these things should be taken down, but stop flaming people that post about it, thiefs don't even need to go through all that trouble they just have to wait for the phone they stole to be replaced on the account. The only way a phone gets meid blacklisted on a long term or permanent basis (besides submitting an override form to sprint that basically says yeah my stuff was jacked and I want to make sure no one can ever activate this phone again) is from broken service contracts. The phones that were subsidized by agreeing to a annual service contract will be blacklisted by that carrier until the account is repaid.
That is the truth about the MEID repair bullies, they are really just supporting the carriers' ability to shake down bad customers for money, they really don't give a **** if a device is stolen, that just means they get to sell another device at full unsubsidized price.
It's interesting how a proposed bill gets interpretted as law. Anyone can write a bill. Some average joe can write a bill, and submit it to Congress for signing. Then they can post the bill publicly, reference it in an XDA thread, and get mods to close a thread.
I did an "alert" on the mods post in that other thread. It will be interesting to see if XDA can correct the error. Hopefully the alert doesn't go to the mod who acted irrationally.
Here are the results of the attempt to get the thread closure overturned:
"the mod is a senior mod so his decision cannot be overturned. but google this question that will provide more updated info status on this"
How can a senior mod be so reckless?
And since when is "google" a higher source than the Cornell law publications? Google is what created the mess in the first place. Someone googled, read a proposed law that was long past dead, and interpreted it as law.

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