Should Flock Safety be held liable for misuse of its license-plate surveillance network?

Four proceedings naming Flock challenge its safeguards and responsibility for tracking or data misuse. The company disputes liability and points to customer control and police decisions.

Claim in dispute

Flock's operation of the network and insufficient safeguards contributed to unlawful tracking and harms that justify an injunction against the company.

A Flock Safety license-plate reader mounted beneath a solar panel.
A Flock Safety automated license-plate reader in Jackson County, Colorado, in May 2026. The photograph does not depict the alleged misuse described in this case.

Case period:

Published by The Dispute Index editorial teamPublished Updated

Flock Safety

Overview

Chrisanna Elser's October 5, 2026 Colorado complaint alleges that police wrongly accused her of a $25 porch theft and that Flock's network and inadequate safeguards contributed to unlawful tracking and other harms. Her lawyer, Andy McNulty, seeks an injunction against Flock. The company says its system correctly located her vehicle and that police were responsible for interpreting that evidence. The dispute is not a claim that the camera misread her plate.

Two separate Georgia complaints broaden the question beyond Elser. Grace Schulte sued Flock on August 25, and Jarrod Whitson sued on September 11, alleging privacy and negligence harms from foreseeable misuse and insufficient controls. Their requested class relief is not a certified class.

In California's consolidated litigation, plaintiffs allege deficient usage policies, unauthorized sharing, security and audit failures, and invasion of privacy. Flock's July 30 dismissal motion says customers control sharing, disputes the duties attributed to it and argues that the plaintiffs have not pleaded concrete harm. The California case includes standing and jurisdiction questions as well as the underlying privacy claims.

These four proceedings name Flock or Flock Group directly, but they do not present identical legal theories. The California consolidated group counts as one proceeding here. Lawsuits against cities or police officials, and criminal rulings about police searches, are related evidence rather than additional company-defendant lawsuits. Complaints and dismissal arguments do not establish liability or exoneration.

Timeline

8 timeline entries on this page. Dates: September 27, 2025 to October 5, 2026

  1. September 2025

    1 event

    1. Elser is cited for a porch theft she disputes

      Incident

      According to her later complaint, police cite Elser after using Flock records to track her vehicle. She says police ignored evidence placing her elsewhere.

      [01]Chrisanna Elser's complaint against Flock Group and Colorado police defendants

      Elser alleges that police falsely accused her of porch theft and that Flock's system and safeguards contributed to unlawful tracking and other harms.

      Chrisanna Elser's complaint against Flock Group and Colorado police defendantsD. Colo. 1:26-cv-04977; complaint, factual allegations and claims for relief
  2. 172 days between recorded events

    March 2026

    1 event

    1. California Flock litigation enters federal court

      The California proceeding is removed to federal court. This date is federal removal, not the original state filing.

      [02]California consolidated Flock litigation docket

      The docket distinguishes consolidation, individual withdrawals, standing proceedings and case-management scheduling.

      California consolidated Flock litigation docketN.D. Cal. 3:26-cv-02375-VC; removal, consolidation and entries through October 1, 2026
  3. 72 days between recorded events

    May 2026

    1 event

    1. California Flock cases are consolidated

      The court consolidates related California complaints in one proceeding against Flock Group.

      [02]California consolidated Flock litigation docket

      The docket distinguishes consolidation, individual withdrawals, standing proceedings and case-management scheduling.

      California consolidated Flock litigation docketN.D. Cal. 3:26-cv-02375-VC; removal, consolidation and entries through October 1, 2026
  4. 41 days between recorded events

    July 2026

    2 events

    1. California plaintiffs file a consolidated amended complaint

      Claim

      The plaintiffs allege unlawful sharing, deficient policies, inadequate security and audits, and invasion of privacy.

      [03]California consolidated amended complaint against Flock Group

      The plaintiffs allege deficient usage policies, unauthorized sharing, security and audit failures, and invasion of privacy under California law.

      California consolidated amended complaint against Flock GroupN.D. Cal. 3:26-cv-02375-VC; ECF 52; allegations and claims for relief
    2. Flock asks to dismiss the California claims

      Reaction

      Flock defends its practices, points to customer control of sharing and disputes the pleaded harm and legal duties.

      [04]Flock Group's motion to dismiss the California consolidated claims

      Flock disputes its liability, says customers control sharing, defends its safeguards and argues that plaintiffs have not pleaded concrete harm.

      Flock Group's motion to dismiss the California consolidated claims · Flock SafetyN.D. Cal. 3:26-cv-02375-VC; ECF 54; 22-page dismissal motion
  5. 26 days between recorded events

    August 2026

    1 event

    1. Grace Schulte sues Flock in Georgia

      Claim

      Schulte seeks class relief for alleged privacy and negligence harms from the network's safeguards and foreseeable misuse.

      [05]Grace Schulte's complaint against Flock Group

      Schulte alleges foreseeable misuse of location data, inadequate safeguards and privacy and negligence violations. Class certification is requested, not established.

      Grace Schulte's complaint against Flock GroupN.D. Ga. 1:26-cv-04843-MLB; complaint and requested class relief
  6. 17 days between recorded events

    September 2026

    1 event

    1. Jarrod Whitson files a separate Georgia lawsuit

      Claim

      Whitson's complaint raises privacy, negligence and related claims against Flock Group in a separate proceeding.

      [06]Jarrod Whitson's complaint against Flock Group

      Whitson alleges privacy and negligence harms from Flock's network and its safeguards. The filing is distinct from Schulte's lawsuit.

      Jarrod Whitson's complaint against Flock GroupN.D. Ga. 1:26-cv-05256-MLB; complaint and requested class relief
  7. 24 days between recorded events

    October 2026

    1 event

    1. Elser sues Flock and Colorado police defendants

      Claim

      Elser's federal complaint seeks relief against the company, two towns and police officers over the tracking and wrongful theft accusation.

      [01]Chrisanna Elser's complaint against Flock Group and Colorado police defendants

      Elser alleges that police falsely accused her of porch theft and that Flock's system and safeguards contributed to unlawful tracking and other harms.

      Chrisanna Elser's complaint against Flock Group and Colorado police defendantsD. Colo. 1:26-cv-04977; complaint, factual allegations and claims for relief

Claims

Claims separate what was said from what is contested. Follow each source for the original wording and context.

What's disputed

Disputed claim

Flock is not liable under the California plaintiffs' theories because customers control sharing, its practices meet its duties and the alleged harm is insufficiently pleaded.

Flock Safety

Sources (1)

Response record

Responses

Latest recorded positions: 3. Dates: July 30, 2026 to October 7, 2026

Choose one response filter, or select All responses to see the full record.

1 response on this page

  1. Flock SafetyCorporate defendant speaking through its court-filed motionDirectly involved
    "Sharing options are customer-controlled: each customer can choose to share access to its data with others on a one-to-one basis or on a geographic basis."
    Defended or excused

    Responding to: Flock is not liable under the California plaintiffs' theories because customers control sharing, its practices meet its duties and the alleged harm is insufficiently pleaded.

    Read more

    Flock defends its practices and argues that the California plaintiffs have not established a basis for liability.

    Before the statement

    The consolidated complaint alleges unlawful sharing, inadequate controls and privacy injury.

    After the statement

    The defense also disputes concrete injury and the application of California's public-agency sharing rule to a private company.

    Flock Group's motion to dismiss the California consolidated claims · Flock SafetyN.D. Cal. 3:26-cv-02375-VC; ECF 54; 22-page dismissal motion

    Why this label?

    The motion justifies the company's disputed practices and argues that they satisfy its duties.

    This label describes the statement's response within the context above.

Sources

(8)

Original text

Chrisanna Elser's complaint against Flock Group and Colorado police defendants

Chrisanna Elser's complaint against Flock Group and Colorado police defendants (opens in a new tab)D. Colo. 1:26-cv-04977; complaint, factual allegations and claims for relief
Read source (opens in a new tab)

Relevant passage: D. Colo. 1:26-cv-04977; complaint, factual allegations and claims for relief

About this source

Elser alleges that police falsely accused her of porch theft and that Flock's system and safeguards contributed to unlawful tracking and other harms.

Published
Accessed
Archived copy (opens in a new tab)

Reporting

Courthouse News publishes Flock's response to Elser's complaint

Courthouse News publishes Flock's response to Elser's complaint (opens in a new tab)Elser's allegations and Flock's emailed spokesperson statement
Read source (opens in a new tab)

Relevant passage: Elser's allegations and Flock's emailed spokesperson statement

About this source

The report attributes Flock's account of accurate location evidence and police responsibility to a company spokesperson.

Accessed

Original text

California consolidated Flock litigation docket

California consolidated Flock litigation docket (opens in a new tab)N.D. Cal. 3:26-cv-02375-VC; removal, consolidation and entries through October 1, 2026
Read source (opens in a new tab)

Relevant passage: N.D. Cal. 3:26-cv-02375-VC; removal, consolidation and entries through October 1, 2026

About this source

The docket distinguishes consolidation, individual withdrawals, standing proceedings and case-management scheduling.

Accessed
Archived copy (opens in a new tab)

Original text

Flock Group's motion to dismiss the California consolidated claims

Flock Group's motion to dismiss the California consolidated claims (opens in a new tab) · Flock SafetyN.D. Cal. 3:26-cv-02375-VC; ECF 54; 22-page dismissal motion
Read source (opens in a new tab)

Relevant passage: N.D. Cal. 3:26-cv-02375-VC; ECF 54; 22-page dismissal motion

About this source

Flock disputes its liability, says customers control sharing, defends its safeguards and argues that plaintiffs have not pleaded concrete harm.

Published
Accessed

Original text

California consolidated amended complaint against Flock Group

California consolidated amended complaint against Flock Group (opens in a new tab)N.D. Cal. 3:26-cv-02375-VC; ECF 52; allegations and claims for relief
Read source (opens in a new tab)

Relevant passage: N.D. Cal. 3:26-cv-02375-VC; ECF 52; allegations and claims for relief

About this source

The plaintiffs allege deficient usage policies, unauthorized sharing, security and audit failures, and invasion of privacy under California law.

Published
Accessed

Original text

Jarrod Whitson's complaint against Flock Group

Jarrod Whitson's complaint against Flock Group (opens in a new tab)N.D. Ga. 1:26-cv-05256-MLB; complaint and requested class relief
Read source (opens in a new tab)

Relevant passage: N.D. Ga. 1:26-cv-05256-MLB; complaint and requested class relief

About this source

Whitson alleges privacy and negligence harms from Flock's network and its safeguards. The filing is distinct from Schulte's lawsuit.

Published
Accessed
Archived copy (opens in a new tab)

Original text

Grace Schulte's complaint against Flock Group

Grace Schulte's complaint against Flock Group (opens in a new tab)N.D. Ga. 1:26-cv-04843-MLB; complaint and requested class relief
Read source (opens in a new tab)

Relevant passage: N.D. Ga. 1:26-cv-04843-MLB; complaint and requested class relief

About this source

Schulte alleges foreseeable misuse of location data, inadequate safeguards and privacy and negligence violations. Class certification is requested, not established.

Published
Accessed
Archived copy (opens in a new tab)

Reporting

Denver7 interviews Elser's lawyer and publishes Flock's response

Read source (opens in a new tab)

Relevant passage: Andy McNulty interview and attributed Flock statement

About this source

McNulty seeks an injunction against Flock. The company says its location evidence was accurate and police were responsible for interpreting it.

Author
Adria Iraheta
Published
Accessed
Archived copy (opens in a new tab)

Case updates

What to follow

Company responses and rulings in each proceeding, including whether courts reach the merits, permit class claims or require changes to network safeguards.

13 updates added in the last 7 days.

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Cite this record

Publisher
The Dispute Index
Title
Should Flock Safety be held liable for misuse of its license-plate surveillance network?
First published
Last updated
Permalink
https://disputeindex.com/cases/flock-safety-lawsuits-company-liability-surveillance-misuse

The Dispute Index. "Should Flock Safety be held liable for misuse of its license-plate surveillance network?". First published: 2026-10-07. Last updated: 2026-10-08. https://disputeindex.com/cases/flock-safety-lawsuits-company-liability-surveillance-misuse