It is well known that websites and mobile software apps collect analytics about users’ activity for targeted advertising and other purposes through the use of cookies and similar technologies. In February, however, a class action lawsuit was brought against Amazon.com Inc. for “unlawfully tracking, collecting, and profiting from mobile users’ location data,” in violation of federal wiretap and Washington state privacy laws. Complaint at 3, Maxwell v. Amazon.com, Inc., No. 2:25-cv-00261 (W.D. Wash. 2025).

According to the complaint, Amazon collected cell phone users’ location data without their express consent, by “licensing [its] software development kit (“SDK”) to a variety of mobile applications” to streamline their application building. Complaint at 2. It is alleged that the Amazon Ads SDK, which “operates in the background of many third-party applications,” collected users’ location data from their mobile devices, which can then be used for targeted advertising and sold to others. Complaint at 3. Amazon is accused of violating Washington’s My Health My Data Act, which prohibits the collection of “biometric data and precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies.” Complaint at 22. Amazon denies the allegations.

This complaint is the first of its kind since the My Health My Data Act went into effect in March 2024. According to a lawyer familiar with the litigation, if the plaintiffs are able to survive Amazon’s motion to dismiss, more complaints may be filed, consistent with the surge in health-data related claims following the enactment of the California Invasion of Privacy Act.