Gaming developer Storm8 has been sued for allegedly collecting phone numbers of iPhone users who downloaded the company's popular games from the iTunes app store.

"The wireless telephone numbers of users' phones are not used or necessary to play any of Storm8's games, yet Storm8 has written the software for all its games in such a way that it automatically accesses, collects, and transmits the wireless telephone number of each iPhone user who downloads any Storm8 game," states the lawsuit, filed on behalf of Lynwood, Wash. resident Michael Turner.

Turner alleges that Storm8's surreptitious data collection violates the federal Computer Fraud and Abuse Act, as well as California state laws. He is seeking class-action status.

In late August, news reports surfaced alleging that Storm8's apps for the iPhone had a "phone home" feature that transmitted users' wireless numbers to the company. Storm8 offers games like "Vampires Live," "Zombies Live" and "Rockstars Live" through Apple's iTunes apps store. The company responded to the reports by saying its system had a "bug," but that it had since been fixed.

Turner alleges in his lawsuit that he downloaded Storm8's games in July and August, after which the company "harvested his wireless telephone number without notifying him or obtaining his consent."

Storm8 didn't respond to Online Media Daily's request for comment.

Turner's lawyer, Michael Aschenbrener of KamberEdelson, says his client's main objective is to ensure that Storm8 is barred from collecting private data in the future. Storm8 says that it no longer gathers wireless numbers, but Aschenbrener argues that promise isn't sufficient to protect consumers. "A public admission is not the same as a legal representation or legal injunction," he says.

One potential hurdle for Turner is that the section of the Computer Fraud and Abuse Act that he alleges was violated appears to require proof not only that computers were unlawfully accessed, but also that they were damaged. Aschenbrener says that Storm8 caused damage because it "impaired the integrity of the data stored on a protected computer."

But some legal experts are not convinced. Venkat Balasubramani of Seattle says that while Storm8 allegedly engaged in some questionable practices, there might not be a legal remedy -- especially because the data collected isn't as sensitive as other types of information, like social security numbers or bank accounts. "iPhone numbers are not necessarily confidential," he says. "Many people just give them out."