Santa Clara, CA: Bose is facing a class action lawsuit alleging violations of the federal Wiretap Act. Specifically, the lawsuit claims that Bose collects and shares information about app users’ listening habits, which also violates the Illinois Eavesdropping Statute and the Illinois Consumer Fraud and Deceptive Business Practice Act.
According to the suit, filed by Kyle Zak, who bought a pair of Bose wireless headphones for $350, the electronics company secretly collects, transmits and discloses to third parties, including a data mining company, the private music and audio selections of customers who downloaded its Bose Connect mobile app.
The suit also alleges claims for intrusion upon seclusion and unjust enrichment.
Zak is seeking injunctive relief requiring Bose to discontinue its illegal practices and destroy all data it has collected, as well as actual and statutory damages arising from the invasion of privacy and from customers' purchases of Bose wireless products, including the return of the products' purchase price and disgorgement of profits. According to the lawsuit,damages likely exceed $5 million.
Zak is represented by Benjamin S. Thomassen and Jay Edelson of Edelson PC. The plaintiff in the Confide case is also represented by attorneys from Edelson.
The case filed Wednesday is Zak v. Bose Corp., case number 1:17-cv-02928, in the U.S. District Court for the Northern District of Illinois.
