Sixteen companies based out of New York State are in hot water for selling software to secretly monitor another person’s electronic device without. The companies, owned by Patrick Hinchy, promoted several apps as tools to spy on spouses or intimate partners without their awareness or consent, Attorney General Letitia James reported.
Gmail messages, WhatsApp, Skype messages, social media activity, call logs, text messages, photos, videos, browsing history, and the victims’ locations were all secretly tracked by customers using Hinchy’s apps, James said. The companies’ advertisements led customers to believe that spying was legal, but using “stalkerware” to secretly monitor another person’s mobile device is highly illegal, James explained.
“Snooping on a partner and tracking their cell phone without their knowledge isn’t just a sign of an unhealthy relationship, it is against the law,” declared James. “These apps and products put New Yorkers at risk of stalking and domestic abuse, and were aggressively promoted by Patrick Hinchy through 16 different companies.”
An investigation by James’ office found that Hinchy and his companies also misrepresented their refund and data security policies, failed to disclose the potential harm to a device caused by the installation of their products, and created sham review sites to lure customers into purchasing and using the stalkerware products.
The investigation revealed that Hinchy created numerous websites that purported to provide independent technology advice, but in reality, solely promoted the stalkerware products sold by Hinchy’s companies. Hinchy’s stalkerware companies also failed to disclose the need to perform an invasive procedure, known as rooting for Android devices or jailbreaking on Apple devices, and the risks associated with such procedures. Customers were also misled by confusing refund policies and false claims regarding the data security of information obtained by the stalkerware products.
Hinchy’s companies must now pay $410,000 in penalties and modify their apps to alert users that they are being monitored. The agreement further requires Hinchy and his companies to make accurate disclosures regarding endorsements, rooting and jailbreaking requirements, refund policies, and data security.
