As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana. The plaintiff alleges that the beacon technology integrated in the Colts mobile application secretly recorded all user's audio, including private oral conversations, for purposes of targeted advertising. In the latest development, the Colts and co-defendants requested that the Massachusetts judge grant their motions to transfer the case to the Southern District Court of Indiana, or, alternatively if the Massachusetts court retained the case, dismiss the complaint. The Colts argue that "Indiana is the locus of this lawsuit" and that the only connection that Massachusetts has to the case is that co-defendant Adept is located in Massachusetts. The Colts further argue that even if the court does not grant the transfer, the lawsuit should be dismissed because the plaintiff failed to state a claim under the Electronic Communications Privacy Act (ECPA). The Colts also pointed out that this is the second lawsuit filed by the plaintiff and that the plaintiff voluntarily dismissed the first lawsuit.
This article is presented for informational purposes only and is not intended to constitute legal advice.
