Complaint Brought Against Massachusetts for Installing Covid App Tracking Software Collecting Location and Health Data

On November 14, 2022, Massachusetts residents Robert Wright and Johnny Kula filed a proposed class action lawsuit in the US District Court for the District of Massachusetts against the Massachusetts Department of Public Health and the Commissioner of the Massachusetts Department of Public Health, alleging that they illegally installed Covid-19 tracking software on over one million Android phones without owner permission to collect location and health data. 

According to the complaint, the Massachusetts Department of Public Health worked with Alphabet Inc.'s Google to install the exposure notification software via Android phone settings. The plaintiffs allege that the contact tracing app was automatically installed without warning to collect location and health data in violation of the Fourth and Fifth Amendments to the US Constitution, violations of Article X and Article XIV of the Massachusetts Declaration of Rights, violation of the Computer Fraud and Abuse Act, common law trespass to chattels, ultra vires government action, unauthorized access to computer systems, and invasion of privacy. 

The potential class size is estimated to be over one million individuals. The plaintiffs are seeking $1 in damages and injunctive relief to prevent further installations of the app without permission and uninstall the app from Androids with nonconsenting users.