The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s microphone to determine the fan’s location and then listens and records all audio within range, which includes personal conversations without consent. He alleges that this alleged feature violates the Electronic Communications Privacy Act.

The problem is that he sued the Colts in Massachusetts District Court. Why, you ask? Because the app developer is located in Massachusetts.

According to briefs recently filed, the Colts want the case moved to Indiana, where the Colts reside, and the named plaintiff resides. According to the Colts, the Commonwealth and the people of Massachusetts should not have to decide this case that really has no bearing on Massachusetts.

Really, it is about being the home team wanting to play in the home stadium. After all, the Patriots are in the Super Bowl and Gillette Stadium is just down the road. And, well, you know the Colts-Patriots rivalry is one of the most famous in the NFL. Could that be another reason for the Colts to want to get out of the Commonwealth?

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