Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
A Confide Inc. messaging app popular with White House staffers was hit with class claims April 20 that it failed to live up to promises of providing “ephemeral” encrypted communications ( Auman v. Confide, Inc. , S.D.N.Y., No. 17-cv-2848, complaint filed 4/20/17 ).
Plaintiff Jeremy Auman, on behalf of a proposed class, brought claims in the U.S. District Court for the Southern District of New York against Confide for allegedly failing to deliver on assurances that consumer messages were confidential and protected from mobile device screenshots.
Consumers and companies around the world are turning to confidential messaging applications, such as Facebook Inc.'s WhatsApp and Telegram Messenger LLP, to protect their sensitive communications from hackers or even the government’s watchful eye. If proven, the alleged problems with the Confide app may bring into question the ability of any electronic communication to be fully confidential.
The Confide app, which allegedly was used by White House staffers to leak confidential information, supposedly provided end-to-end encryption and “unequivocal confidentiality” to personal communications, the complaint said. However, its messages failed to meet this standard and are subject to duplication and permanent storage, it said.
Confide didn’t live up to its “claims of superior security,” and it must be held “accountable to the level of security it promises,” Chris Dore, privacy partner at Edelson PC, said in an April 20 statement.
Auman, who is seeking to represent a proposed class of persons who purchased Confide premium subscriptions after August 2015, is seeking monetary relief under New York false advertising and deceptive practice laws, in addition to fraudulent inducement claims.
Confide President Jon Brod told Bloomberg BNA April 20 that the "complaint is unfounded and without merit." The company looks forward to "seeing this case swiftly thrown out of court."
In addition to Edelson, Auman is represented by Kurzman Eisenberg Corbin & Lever PC.
To contact the reporter on this story: Daniel R. Stoller in Washington at dStoller@bna.com
To contact the editor responsible for this story: Donald Aplin at firstname.lastname@example.org
Full text of the complaint is available at http://www.bloomberglaw.com/public/document/Auman_v_Confide_Inc_Docket_No_117cv02848_SDNY_Apr_20_2017_Court_D/2.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)