AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe
She brought claims against AARP, including violation of the DC Consumer Protection Act fraud, unjust enrichment, and breach of contract.
It’s interesting that the plaintiff did not bring up the Video Privacy Protection Act, which plaintiffs have argued (somewhat unsuccessfully) should transform the standard passing of personal data to a social network into a privacy violation. Hulu, Nickelodeon, and others have grappled with these cases, and have for the most part defeated them. Another avenue could have been the California Reader Privacy Act, which has seen little if any litigation. Perhaps plaintiff’s failure to raise those statutes is a testament to their inefficacy in forging a clear path for plaintiffs in these types of cases.
It’s worth contrasting this ruling with the ruling in the Neiman Marcus case, which I recently blogged about, where the court found standing for putative victims of a retail data breach. Perhaps this case is distinguishable because it’s a data sharing case, where there is no presumption of wrongdoing and misuse of information downstream, as opposed to a data breach case. This could confirm a judge’s instinct of there being no cognizable harm from the allegedly improper disclosure. Many other information sharing cases have failed recently, so this conclusion would not be particularly surprising.
Case Citation: Austin-Spearman v. AARP, 14-cv-1288 (KBJ) (D.C. filed June 30, 2015–see 2015 WL 4036206, amended July 28, 2015–see 2015 WL 4555098)