No Buyer’s Remorse for Nebraska AG Over Temu Data Use Lawsuit

Cozen O'Connor
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Cozen O'Connor

  • Nebraska AG Mike Hilgers sued PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s shopping app operates as malware designed to gain unauthorized access to users’ data in violation of state consumer protection laws.
  • According to the complaint, Temu’s app is designed to surreptitiously gain unrestricted access to a user’s phone operating system—including location data, microphone and camera, wifi access points, and other applications—and collects far more sensitive user data than is necessary for the purpose of online shopping, including for users who are minors.  AG Hilgers also alleges that Temu’s privacy policy fails to adequately disclose the scope of access and data collected; that user data may be accessed by the Chinese government; and that the company utilizes other deceptive and unconscionable practices such as false discounts, fake reviews, intellectual property infringement, and greenwashing, among other things.
  • The lawsuit seeks declaratory and injunctive relief, civil penalties, restitution, and costs and fees, among other relief.
  • We previously covered Arkansas AG Tim Griffin’s similar lawsuit against Temu, and a letter from 21 GOP AGs to Temu questioning the company’s business practices.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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