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Nidel & Nace has filed a Complaint against AccuWeather for deceptive practices related to AccuWeather’s cell phone application available on the Apple App Store.  The Electronic Privacy Information Center (EPIC) filed the action as a non-profit with a special interest in data privacy and pursuant to D.C.’s Consumer Protection Act.

The suit was filed against AccuWeather under the District of Columbia Consumer Protection Procedures Act (“DC CPPA”) for the company’s false and misleading statements regarding location tracking. Section 28-3905(k)(1)(C) of the DC CPPA allows a nonprofit organization to bring suit “on behalf of the general public.” It alleges that AccuWeather’s collection of location data from consumers who had expressly opted out of location tracking violated § 28-3904(e) of the DC CPPA, which makes it unlawful to “misrepresent as to a material fact which has a tendency to mislead.” The Complaint further alleges that AccuWeather’s failure to disclose that it was sending consumers’ location data to third parties for targeted advertising violated § 28-3904(f), which makes it unlawful to “fail to state a material fact if such failure tends to mislead.”

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EPIC seeks to enjoin AccuWeather from tracking consumers’ location or transmitting their location to third parties without clearly and prominently disclosing it and obtaining consumers’ affirmative consent.

EPIC is a public interest research center in Washington, DC. EPIC was established in 1994 to focus public attention on emerging privacy and civil liberties issues and to protect privacy, freedom of expression, and democratic values in the information age. EPIC pursues a wide range of program activities including policy research, public education, conferences, litigation, publications, and advocacy.

Nidel & Nace is a plaintiff’s law firm which represents non-profits and individuals who have been wronged by others in the areas of data privacy, environmental, pharmaceutical and other toxic tort and personal injury matters.