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Arkansas attorney general says office has sued Temu’s holding company, alleges app harvests sensitive user data

Office of the Attorney General of Arkansas · June 25, 2024
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Summary

Arkansas Attorney General announced a civil lawsuit filed in Cleburne County against the holding company of the Temu shopping app, alleging the app uses spyware and malware to collect sensitive data — including biometric and location information — and seeks injunctive relief and damages.

Arkansas Attorney General announced that his office has filed a civil lawsuit in Cleburne County against the holding company of the shopping app Temu, alleging the platform operates as a “data theft business” that uses spyware and malware to collect sensitive personal information beyond what is required for online shopping. "It is a data theft business that uses the online marketplace as a means to an end," the attorney general said.

The complaint, the attorney general said, alleges unjust enrichment and violations of the Arkansas Deceptive Trade Practices Act and the state Personal Information Protection Act. He said the office will seek injunctive relief and damages in the case.

The attorney general described code within the app that, he said, is designed to evade anti‑malware detection and allow the company to access broad device data. He listed examples the office contends Temu collects, including biometric information such as fingerprints and precise location data. "Your entire device is open for their perusal," he said, and warned staff not to use the app on official or personal devices while the office assesses exposure.

He cited prior platform actions in 2023, saying Apple suspended the app from the App Store over alleged misrepresentations about data collection and that Google had suspended a predecessor app from the Google Play Store because it contained malware. He also said Temu was among the most‑downloaded apps in the United States in 2023 and that users spent substantially more time on it than on some major retail platforms.

Asked whether Arkansas acted alone and whether other states might join, the attorney general said he chose to move quickly and file individually, but he has spoken with other state attorneys general and expects some may join in later litigation. On the remedies sought, he said the complaint requests injunctive relief and damages and that the office’s immediate aim is to stop the conduct it alleges. "We want to stop the sort of behavior," he said.

The attorney general said the suit will produce additional information through litigation. He framed the filing as part of his office’s duty to protect Arkansans’ information and said the state is the first to file this specific kind of action against Temu but he expects other states may follow. The office did not provide copies of the complaint text in transcripted remarks; additional details about specific allegations and requested damages were not specified at the press conference.

The office said it filed in Cleburne County; the attorney general declined to speculate on whether the company could be shut down as a result, calling that premature and saying the primary immediate goal is to stop the alleged unlawful practices and obtain damages as appropriate.