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The policy discloses that Verizon installs system software on wireless devices that can automatically install or update applications, collect device and location conditions, and operate on Wi-Fi even when the device is deactivated from the wireless network; some installed apps do not display visible icons.
This analysis describes what Verizon's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that Verizon reserves the right to install and maintain software on customer devices that operates independently of active wireless service, including the automatic installation of applications and collection of location and device data, with opt-out limited to disabling notifications from specific management applications.
Under these terms, Verizon may install software on wireless devices that automatically installs or updates applications and collects device conditions including location, operating even when the device is not on the Verizon wireless network. The agreement states that some apps installed this way do not appear as visible icons on the device screen. You can view, delete, or disable these apps using your device's Application Manager under Settings.
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"We install system software on some wireless devices which may: collect information about network and device conditions including location, battery life and apps on the device. automatically install apps or software when you activate your device, during certain operating system upgrades and with your consent at later times, for example, when you request an app from an advertisement. The software may also update apps that it installed on your device or when you otherwise permit it. It also collects information when an app it places is first opened or is uninstalled and may send you notifications about Verizon and third-party offers and promotions that may interest you. Some apps installed or updated on your device in this way do not appear as icons on your device screen because of their limited utility and may operate on your device when it is connected to Wi-Fi, even if the device is deactivated from the wireless network.Excerpt from Verizon's Privacy Policy
(1) REGULATORY LANDSCAPE: This provision engages the FTC Act's unfair or deceptive practices framework, the Electronic Communications Privacy Act, and state computer fraud and consumer protection statutes. The FTC has previously taken enforcement action regarding undisclosed or difficult-to-remove software on consumer devices. California's Consumer Legal Remedies Act and Business and Professions Code section 17200 may also be implicated. The disclosure that some apps do not display visible icons and operate when the device is deactivated from the network is relevant to informed consent analysis under these frameworks. (2) GOVERNANCE EXPOSURE: High. The automatic installation of applications and collection of device-level data including location by software that persists after wireless service deactivation creates significant consumer protection exposure. The policy's disclosure mechanism (a single opt-out for notifications only) may not satisfy informed consent requirements under state privacy laws that require affirmative consent for software installation or data collection from device sensors. (3) JURISDICTION FLAGS: California residents may have claims under the California Consumer Protection Act and CPRA regarding non-disclosed software operation. The Illinois BIPA may be implicated if any app installed through this mechanism collects biometric data. The provision has operational implications for any customer who resells, transfers, or deactivates a device, as software may continue operating on Wi-Fi after deactivation. (4) CONTRACT AND VENDOR IMPLICATIONS: The disclosure that installed apps report to app owners when opened on a device creates third-party data flow obligations that may require vendor assessment. Procurement and legal teams should evaluate whether app owner reporting relationships involve covered data under applicable privacy frameworks and whether those third-party recipients are bound by adequate data processing agreements. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the consent mechanism for automatic app installation (described as occurring at device activation, during OS upgrades, or upon customer request) satisfies affirmative consent requirements in applicable jurisdictions, and whether the disclosure that apps operate post-deactivation is sufficiently prominent to satisfy FTC notice standards. A data mapping review should assess what data is collected by invisibly installed apps and to whom it is disclosed.
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This provision establishes that Verizon reserves the right to install and maintain software on customer devices that operates independently of active wireless service, including the automatic installation of applications and collection of location and device data, with opt-out limited to disabling notifications from specific management applications.
Under these terms, Verizon may install software on wireless devices that automatically installs or updates applications and collects device conditions including location, operating even when the device is not on the Verizon wireless network. The agreement states that some apps installed this way do not appear as visible icons on the device screen. You can view, delete, or disable these …
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