Turn Seeks to See Off Persistent Zombie Cookie Menace

Ad targeting company Turn is seeking dismissal of the lawsuit still rumbling on over its technology which recreated cookies on users machines after they were deleted.

With consumer tracking arguably more in the public eye than ever before, the company has submitted new papers arguing that its alleged practices were actually 'mundane', reports www.mediapost.com . Turn looked to have settled the 2015 charges along with its erstwhile client Verizon in January 2017, but nine months later judges overturned the decision where Turn itself was concerned, allowing the class action to proceed. In the settlement, Turn had invoked an arbitration clause in the agreement between Verizon and its subscribers, but 9th Circuit judges now decided Turn could not benefit from the clause because it was not a party to the Verizon agreement. Plaintiffs Anthony Henson and William Cintron (representing all New York Verizon Wireless subscribers) never alleged that Verizon colluded with Turn, but stated that 'Turn conducted its practices in secret, without Verizon's knowledge, consent, or approval'.

Turn is now owned by Mobile ad targeting firm Amobee, itself a wholly owned subsidiary of telecoms giant Singtel. In the latest submission, the firm states: 'Notwithstanding the ominous tones of plaintiffs' rhetoric, and their wild-eyed accusations of 'surreptitious monitoring' and 'mass surveillance,' the actual conduct that plaintiffs allege ... could not be more mundane... Plaintiffs are suing Turn for placing a 'cookie' on their mobile devices'. Turn argues that recreating deleted cookies is not deceptive, and points out that the plaintiffs 'never chose to block cookies from their devices'. It adds that Henson and Cintron suffered no injury as a result of the alleged tracking and ad targeting, suggesting that 'the alternative would not have been to surf the Internet ad-free, but instead would have been to receive less tailored, more random ads. Plaintiffs were not forced to buy the products advertised, or even to look at the ads, for that matter'. A response is expected by 13th June.

Web site: www.amobee.com .