Class Action Alleges Twitter ‘Fraudulently’ Acquired Washington Users’ Phone Numbers

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A Washington resident alleges in a proposed class action that Twitter has resorted to “fraudulent, deceptive, or false means” to acquire users’ telephone numbers, arguing the social media platform meets the definition of a telecommunications company under state law and is therefore bound by the according privacy regulations. 

The plaintiff claims in the 11-page complaint that she and other Washington residents provided their phone numbers to Twitter with the belief that they would be able to maintain control over the company’s use of their numbers via functions made available on Twitter’s user-facing systems.

Notwithstanding Twitter’s privacy assurances, the company “did not create, implement or execute systems that honored users’ designations as to use of those numbers,” the lawsuit alleges, claiming the defendant disclosed users’ phone numbers to advertisers despite promising otherwise.

According to the case, Twitter, in obtaining phone numbers, “falsely assured Washington users that it would honor the privacy choices exercised by users.” The suit says Twitter owes a penalty of $5,000 for each instance in which it unlawfully obtained a Washington user’s phone number. 

“Behemoth providers of ubiquitous digital platforms make promises of privacy when they solicit users,” the complaint reads. “Too often, those promises are not kept.” 

Under Washington law, a telecommunications company is defined as “every corporation, company, association, joint stock association, partnership and person, their lessees … and every city and town owning, operating or managing” facilities used to provide telecommunications for hire, sale or resale to the general public within the state, the suit says. Per the case, Twitter fits this definition given it provides telecommunications for hire, sale or resale to the general public, “at least by virtue of its provision, for money, of advertising to Twitter users.” 

The lawsuit says Twitter “concealed its wrongdoing” until October 8, 2019, when it publicly acknowledged that after users provided the company with their email addresses or phone numbers for safety or security purposes, this data “may have inadvertently been used for advertising purposes.” The plaintiff argues that no matter Twitter’s definition of the word “inadvertently,” the company used “fraudulent, deceptive, or false means” to obtain users’ phone numbers for the sake of boosting ad revenue. 

“Twitter committed its acts of fraudulent, deceptive, or false means of obtaining telephone records for financial gain,” the complaint reiterates.

The Washington law at the center of the case—RCW 9.26A.140—dictates that it’s illegal to intentionally sell a resident’s telephone record “without the authorization of the customer to whom the record pertains.” 

The case looks to represent anyone in Washington state who provided a telephone number to Twitter prior to October 8, 2019. 

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