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Data Privacy

Apr. 14, 2020

9th Circuit Facebook ruling has wide implications for data privacy litigation

The panel noted California law recognizes a legal interest in unjustly earned profits, and therefore, “Plaintiffs have adequately pleaded an entitlement to Facebook’s profits from users’ personal data sufficient to confer Article III standing.”

9th Circuit Facebook ruling has wide implications for data privacy litigation
9th U.S. Circuit Court of Appeals Chief Judge Sidney Thomas

In a far-reaching opinion potentially affecting future litigation over the monetization of data, a federal appeals court reinstated a class claim against Facebook Inc. over the sale of information gathered from tracking logged-out users.

In doing so, the 9th U.S. Circuit Court of Appeals panel reversed Judge Edward J. Davila of the Northern District of California. State law recognizes a legal interest in unjustly earned profits, and ...

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