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Pandora Smacked With Class Action For Revealing User Profiles

Pandora (NYSE: P) is the latest company to stumble into the minefield of privacy lawsuits that are blowing up all over the tech industry.  A new complaint says the Internet radio provider violated the privacy of its Michigan subscribers …

paidContent Jeff Roberts

Context & Ripple Effects

The complaint lands six months after reporting that Pandora was sending user GPS coordinates, sex, birthdate and other data to ad servers, and weeks after a federal grand jury began investigating app privacy practices — so this suit is less a surprise than the litigation phase of an issue Pandora had already been flagged on.

The timing compounds the exposure: Pandora filed to go public in February 2011 with 80 million users, meaning the company now faces a shareholder-visible legal risk over data practices that predate its listing.

First-order effects

  • Pandora must defend a class action brought by Michigan subscribers alleging their profiles were revealed, adding direct legal costs and discovery obligations on top of the regulatory scrutiny already underway since the spring.
  • As a newly public company (NYSE: P), Pandora's disclosure obligations mean the suit and the underlying data-sharing practices become matters investors can price, not just a private-company nuisance.

Second-order effects

  • Rival streaming and mobile app companies facing the same grand jury inquiry face pressure to audit what subscriber data they pass to ad servers before plaintiffs' firms replicate the Michigan template against them.
  • Ad networks that receive app-user data — the demand side of the practice Pandora is being sued over — may see publishers tighten or renegotiate data-sharing terms to limit their own liability.

Third-order effects

  • If suits like this keep proliferating across the tech industry, app developers will be pushed toward explicit consent mechanisms for profile data, effectively drawing a permission boundary around information users did not knowingly make public.
  • Privacy litigation emerging as a standard post-IPO risk factor could reshape how consumer-data companies time and structure their public listings.

The trend: Consumer internet companies are discovering that data practices built quietly during growth phases convert into class actions and regulatory scrutiny once they reach public-market scale.