From hidden fees to data misuse, here’s how to hold app developers accountable in court—and what to know before filing a claim.
Mobile apps are everywhere—but not all of them play fair. If an app charges unauthorized fees, violates your privacy, or causes harm through a defect or misleading feature, you may have grounds for a lawsuit. Legal action can be taken against the app developer, publisher, or parent company, depending on the claim. This guide explains when you can sue an app, how to find the right defendant, and the steps to take if you’re considering legal action.
Need to file a lawsuit? There’s an app for that.
No, really, it’s true. There are apps for the purpose of helping a user file various types of claims and navigate legal procedures—but should you use them?
We live in an app-driven world. We use our mobile platforms for everything from fitness to finance, but as soon as apps become too intertwined in our lives, they can be responsible for harm, just like a person or business could.
An app could cause injury or harm, fail to perform as promised, or violate your rights.
If any of those happen, can you sue an app? The answer is yes, but the legal outcome depends on the facts, the type and severity of the injury or harm, and the type of app.
What types of apps are most commonly sued?
- Health and wellness apps
- Financial and investing apps
- Social media platforms
- Dating apps
- Safety apps
- Apps targeting children or teens
Legal grounds for filing a lawsuit against an app
Privacy violation or data breach
Apps often collect personal data—but if they fail to protect it or share it without consent, users can sue under state and federal privacy laws. An app that collects, shares, or misuses your data without consent may violate laws such as the California Consumer Privacy Act (CCPA) or the Children’s Online Privacy Protection Act (COPPA).
A lawsuit was filed in 2021 against Flo Health, a fertility-tracking app, because of allegations by the Federal Trade Commission (FTC) that it shared sensitive personal health information with Facebook and Google without informing users.
Personal injury or product liability
If an app’s instructions or functionality directly cause physical harm, the user may have a claim for negligence or product liability. For example, if a fitness app fails to warn users of health risks for high-intensity workouts, it could be held liable for heart attacks or injuries caused by improper guidance.
False advertising, deceptive practices, or breach of contract
If you paid for a service and the app failed to deliver (e.g., subscription apps with hidden charges), you might sue for breach of contract or consumer fraud.
In addition, an app that misleads users about what it does, charges hidden fees, or promises results it can’t deliver might be violating consumer protection laws. For example, if you’ve been charged a fee for using the app after a free trial without being notified of how the billing structure works, this could be grounds for a lawsuit.
Subscription traps or unlawful charges
Similar to the billing deception example, there have been lawsuits filed over “dark pattern” interfaces that trick users into ongoing subscriptions. These could violate the Restore Online Shoppers’ Confidence Act (ROSCA) or state equivalents.
What is a “dark pattern”?
A dark pattern is a user interface or user experience element that is intentionally designed to mislead or confuse a user.
Examples of dark pattern coding include:
- Hidden opt-outs that make it hard to unsubscribe or cancel a subscription
- Pre-checked boxes that sign the user up for recurring payments or newsletters unless they opt out
- Trick questions, such as confusing wording such as, “don’t not cancel my subscription”
- Misdirection, or highlighting one choice like “buy now”, while hiding the alternative like “no thanks”
- “Roach motel”, which is a phrase for something that’s easy to sign up, difficult to cancel
These strategies and patterns are typically found in e-commerce, subscription service, and mobile apps.
The FTC took action against Amazon in 2023 for enrolling consumers in Amazon Prime without their consent and sabotaging their attempts to cancel. The complaint indicates that the company knowingly failed to address subscriptions that occurred without consent and “cancellation trickery.” A press release by the FTC states that, “Amazon used manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into enrolling in automatically-renewing Prime subscriptions…. [and] knowingly complicated the cancellation process for Prime subscribers who sought to end their membership. The primary purpose of its Prime cancellation process was not to enable subscribers to cancel, but to stop them.”
In 2020, children’s online learning app ABCmouse was ordered by the FTC to pay $10 million for failing to provide simple cancellation for recurring charges to their content. The FTC reported that the company failed to disclose important information to consumers, which led many subscriptions to be renewed and users charged for memberships without their consent.
Defamation or emotional harm
Social media or review-based apps can be sued if they fail to moderate harmful content or are used for doxxing, cyberbullying, or harassment. Some lawsuits have attempted to hold dating apps accountable for harassment or assaults facilitated through their platforms. However, the Communications Decency Act (47 U.S. Code § 230) often protects platforms from liability for user-generated content.
But... can you actually sue an app?
Before filing a lawsuit, you need to have legal standing and have a basis upon which the app could be liable (this is true for any lawsuit against any defendant). You might face a couple of roadblocks along the way.
- Standing to file a lawsuit
You must demonstrate the following:- You were harmed or wronged;
- The harm was created by the app’s action or inaction; and
- The court can provide a remedy (damages or injunction).
- Binding arbitration clauses
Most apps have terms of service with arbitration clauses that limit your right to sue in court. However, courts have occasionally ruled these clauses unenforceable if they’re hidden or extremely unfair. - Section 230 immunity
As mentioned briefly above, social platforms and review-based apps are largely shielded from responsibility for third-party content. This law doesn’t protect them from liability for their own conduct, such as privacy violations or algorithm design flaws.
How can you sue an app?
First things first—you can’t file a lawsuit unless you know who (or what) you’re suing.
Sometimes, it’s easy to identify the company behind the app, but sometimes, you have to do some detective work to figure this out. Apps are usually published by companies rather than individuals (but not always).
1. Determine what company is responsible for the app
- App store listings
The Apple App Store and Google Play list the developer name for each app, and they often link to the company’s website or support contact information. You can scroll to the bottom of the app page to find the privacy policy or terms of use, which usually include the company’s legal name and sometimes a business address. - App’s privacy policy or terms of service
Look for legal documents within the app or on its website (often found under “Settings,” “About,” or “Legal”). These will typically include the corporate name, registered address, and sometimes a registered agent for legal matters. - WHOIS lookup for website domain
If the app has a website, you can search its WHOIS record to find contact information for the domain registrant (though some are privacy-shielded).
2. Check business registration or corporate information
You can search your state’s business registry to find the developer’s legal identity and registered agent. Each state’s Secretary of State has a search tool; search in the state where the business is incorporated to find information that includes:
- Full legal entity name
- Registered agent for service of process
- Physical or mailing address
3. Contact the company (before filing a lawsuit, if appropriate)
You might want to make a good-faith effort to handle the dispute with the company directly before filing a lawsuit.
Before you file, consider the following:
- Sending a demand letter that sets forth the problem, damages, and what you’re requesting (for example, refund, repair, or compensation)
- Using any contact emails or web forms listed in the app’s legal or support sections to reach out to its legal representatives
- If the issue is covered under consumer protection laws, you can file a complaint with the Better Business Bureau, FTC, or the state attorney general before a lawsuit
4. Name the defendant correctly in the lawsuit
When you draft a complaint, be sure to:
- Use the full legal name of the developer or publisher; not just the app’s name
- Name the parent company if the app is owned by another company
- Name co-defendants if there are multiple responsible parties (for instance, app developer and data processor)
5. Serve the lawsuit
Service of process officially begins a lawsuit. You need to serve the defendant using proper legal channels. Typically, service of process goes to the company’s registered agent (which is found in the Secretary of State’s database). This step is crucial—if you serve the wrong entity, your case could be delayed or dismissed.
Pro tip: Find a lawyer.
It’s not that an app is intangible (though it might seem that way). It still needs proper terms and conditions, its own business structure, and so on. But it’s definitely a different process to file a lawsuit against an app that’s owned by a parent company and could be located out of state (or outside the U.S.) than it is to file a lawsuit against a driver in your town for a car accident, which is likely much more straightforward.
An app company could try to hide behind arbitration clauses, complex corporate structures, or terms of service limitations. However, an experienced consumer protection or technology lawyer can help you identify the correct legal party, draft the claim, and navigate jurisdictional or procedural issues. Particularly if you’re suing a company in a different state, your lawyer can coordinate the service of process and other legal hurdles in the state where the defendant is located.
If you believe you’ve been harmed as a result of an app, you can contact a lawyer in your state who can help you navigate the legal process.
Were You Harmed by a Social Media User... or By the Media, Itself?
Is your legal claim against the platform itself—or should you be suing a specific social media user?
See our guide Choosing a personal injury attorney.