The federal lawsuit alleged that Standard Innovation, makers of the We-Vibe Smart Vibrator, improperly tracked customers’ use of the sex toy, including which settings were used and how often it was used. The technology in a 2014 update to the We-Vibe vibrator, allegedly enabled the defendant to collect its customers’ usage data.
The Plaintiffs assert that Standard Innovation breached Illinois consumer fraud laws and the federal Wiretap Act by programming We-Connect , which is a service connecting users and their partners remotely, to “contemporaneously monitor, intercept, and transmit” data sent to the We-Vibe devices from consumers’ smartphones.
According to the suit, customers state that they would not have purchased the vibrator had they known their actions would be monitored, collected, and transmitted.
If approved, the proposed settlement would see Standard Innovation designate $3 million for customers who downloaded the app and used it with the We-Vibe device. Each Plaintiff could receive about $10,000.
The remaining $750,000 would be divided among consumers who purchased the devices alone, with each receiving about $199.
The proposed settlement, which needs final court approval, would also require Standard Innovation to destroy the data it collected from users and cease collecting emails and personal user information. The company denies any wrongdoing.