The California attorney general's office has filed a lawsuit against Delta (NYSE:DAL) alleging it is violating the state's Online Privacy Protection Act, the office announced in a press release. The suit is the first ever of its type. The airline is alleged to have failed to conspicuously post a privacy policy within its app informing users of what personal information the software collected, and how it would be used.

"Fly Delta" is a free app available for users of phone and tablet products running on Apple (NASDAQ:AAPL), Google's (NASDAQ:GOOGL)  Android, Microsoft (NASDAQ:MSFT), and Research In Motion (NYSE:BB) operating systems. The attorney general's suit alleges that the app, which has been in release since "at least" 2010, collects "substantial" personal information, such as full name, frequent flyer number and pin code, and location.

The lawsuit seeks to bar Delta from distributing the app without a privacy policy, and seeks financial damages. Delta has not commented on the matter.

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