In a recent legal development, a class action lawsuit has been filed against a prominent analytics company for allegedly engaging in unauthorized data collection practices. The complaint was lodged by plaintiffs Benjamin Glenn, James Lewis, and Ara Sardarbegians on April 16, 2025, in the Superior Court of California, County of San Francisco, targeting Mixpanel, Inc. as the defendant.
The lawsuit accuses Mixpanel of secretly collecting personal information from users of the Android version of the Upside mobile application without their consent. According to the plaintiffs, Mixpanel's software was embedded within the app to gather detailed user data such as precise geolocation, user interactions with the app, and unique identifiers like Android Advertising IDs (AAIDs). This data collection allegedly allowed Mixpanel to create comprehensive user profiles for targeted marketing and advertising purposes. "Such digital surveillance constitutes an enormous invasion of privacy," states the complaint.
The plaintiffs argue that Mixpanel's actions violate both California's Invasion of Privacy Act (CIPA) and Pennsylvania’s Wiretapping and Electronic Surveillance Act (WESCA). They claim that if their interactions with the app are considered communications content, then Mixpanel has unlawfully intercepted these communications. Alternatively, if not considered content, they allege that Mixpanel used a "pen register" to collect routing information without proper authorization. The lawsuit highlights how Mixpanel’s practices potentially enable it to bridge user data across multiple apps using common identifiers like AAIDs.
The plaintiffs seek statutory damages amounting to $5,000 per violation under CIPA and WESCA provisions. They also demand injunctive relief to prevent further unauthorized data collection by Mixpanel. The case underscores ongoing concerns about privacy rights in digital spaces and seeks to hold companies accountable for respecting user consent regarding personal data usage.
Representing the plaintiffs are attorneys L. Timothy Fisher and Joshua R. Wilner from Bursor & Fisher P.A., while details about defense counsel remain undisclosed at this stage. The case is presided over by judges at the Superior Court of California under Case No. CGC-25-624457.