iPhone developer Storm8 sued for collecting user phone numbers

Storm8 has developed numerous skill building games for the iPhone and iPod touch. However, the games have collected user phone numbers.

For those unaware of the game developer Storm8, they are essentially as large as Zynga (Farmville creator) is to Facebook games. They have nine games, and every few weeks they post a new application that allows you to get free in-game points to advance your characters. According to the class action document, each time one of these applications were downloaded and used, the iPhone’s phone number would be collected by Storm8.

“Nonetheless, Storm8 makes use of the ‘backdoor’ method to access, collect, and transmit the wireless phone numbers of the iPhones on which its games are installed,” stated the complaint. “Storm8 does so or has done so in all of its games.”

Additionally the class action lawsuit claims that the illicit code allegedly has violated the Computer Fraud and Abused Act, and California’s computer crime law.

Storm8 responded by acknowledging it had been collected user phone numbers and blamed the situation on “a bug that has been fixed.”

Storm8′s website states that their games have been downloaded at least 20 million times since 2009. Their most popular games are World War, iMobsters, Racing Live, Vampires Live, Kingdoms Live, Zombies Live, Pets Live and Rockstars Live.

The Settlement Agreement

A settlement between Storm8, Michael Turner (individual who proposed said lawsuit), Storm8 users between March 2009 and August 2009, and lawyers Michael Aschenbrener and Christopher Dore of Edelson McGuire, LLC.

Gamers involved: Have the ability to receive 45 in-game points (worth $3.75) and give up the right to participate in the lawsuit if it continues. Excluding yourself gives up the in-game points, but allows you to participate in the lawsuit.

Michael Turner: As the defendant, he will receive $2,500 if the lawsuit is won in their favor.

Lawyers: $125,000 for attorneys’ fees and expenses in this matter. The Court may award less than this amount.

Our Thoughts

The settlement proposed will more than likely be sufficient to the apathetic gamers. Class action lawsuits often go unclaimed from many people affected by it, so at least those individuals will get free in-game points.

However, as Storm8 could very well have collected our phone numbers and sold them to any number of telemarketers, it would be unacceptable to receive in-game points as a settlement. The high amount of money possibly awarded to the lawyer is understandable as they are working for free until there is a settlement. Although providing funds to only the defendant for bringing up the already well known issue is an unfair settlement to those being affected by this security issue.

Personally I can say that I’ve received strange calls from the California area, but there is no way to document where my number was acquired from. If it is found that Storm8 is the responsible party however, there clearly would be a much greater concern.

There is also a lack of communication from Storm8 on this lawsuit. It has been in the news before, however they have no mention of the lawsuit on their main website, their forums or Twitter feed (@storm8). At this rate they appear to be either slow at releasing the information (aside from the in game notice), and may have a public relations nightmare on their hands shortly.

This issue also shows another major problem with the Apple app store. Many programs have slid through Apples approval process that either collects information, or provides easter eggs to the user.

What do you think?

Have you played any of Storm8′s games, and if so do you feel the settlement is fair to their users?

Created for use by Game Rant.

[Class Action Settlement][Storm8 Class Action Site]