Consumer Data

Question 1

Can a plaintiff bring a privacy lawsuit under a federal law?

Answer 1

Not necessarily. Even if the federal law has a private right of action, plaintiffs cannot pursue lawsuits without demonstrating harm that qualifies for Article III Standing.

Question 2

Why have many courts rejected breach of contract when companies violate their privacy policies? (2)

Answer 2

1. privacy policies are notices, not contracts.

2. plaintiffs failed to establish damages.

Question 3

What are the three ways to define PII?

Answer 3

1. Tautological Approach, and PII that identifies a person. (used in VPPA)
2. The Non-public approach (used in GLBA and Cable Act)
3. The Specific-Types Approach (used in COPPA and many state breach laws)

Question 4

Apple Inc. Superior Court 2013

Answer 4

Apple didn’t violate provision of Song-Beverly Credit Card Act that prohibits merchants for requesting or recording PII.

Question 5

Pineda vs. Williams Sonoma 2011

Answer 5

Song-Beverly meant to include not only the complete address, but also its components.

Question 6

What 3 things are needed for Standing?

Answer 6

1. ‘injury in fact’
2. the injury is fairly traceable
3. it is likely that the injury will be redressed by a favorable decision.

Question 7

TransUnion LLC cs Ramizez 2021

Answer 7

1. Standing leading case
2. plaintiffs were labelled terrorists
3. Plaintiffss were reports were not released, failed to meet standing

Question 8

Spokeo Inc. v. Robins 2016

Answer 8

1. Standing leading case because not all FCRA violations lead to standing.
2. This case could not establish injury in fact because no concrete harm.

Question 9

Clapper vs. Amnesty 2013

Answer 9

1. this was a challenge to FISA Court and its relevance to consumer privacy.
2. Court decided plaintiff were speculating on possible future injury and that was not sufficient to establish injury.

Question 10

In re Google Inc. vs Cookie Placement Consumer Privacy Ligit.

Answer 10

1. lacked standing because plaintiff couldn’t prove a harm in google’s placement of cookies in Safari.
2. Plaintiff couldn’t prove harm that Google interfered with their ability to monetize their personal data.

Question 11

Resnick v. AvMed, inc. 2012

Answer 11

1. Standing established because injury in fact.

2. ability to prove sufficient nexus between data breach and identity theft.

Question 12

What are the 3 things to prove breach of contract?

Answer 12

1. the existence of a contract
2. Breach of the contract
3. Damages that flow from that breach

Question 13

Are Privacy Policies Contracts?

Answer 13

Yes, when they make explicit commitments. That is used to support a breach of contract claim.

Question 14

What are the five Statutes granting enforcement authority to the FTC?

Answer 14

1. FTC Act
2. GLBA
3. COPPA
4. TCFAPA
5. FCRA