Fenwick & West successfully defended Pandora Media, Inc. in a putative Northern District of California data privacy class action that alleged the Internet radio company’s mobile app shared listeners’ personal information with advertising networks without users’ consent. The suit, Yuncker et al. v. Pandora Media, Inc., asserted common law, computer hacking and wiretap allegations under state and federal law. In March 2013, the court granted Pandora’s motion to dismiss, holding that allegations that the plaintiffs’ personal information was used without their consent did not establish an injury-in-fact under Article III of the U.S. Constitution. The plaintiffs proceeded to file an amended complaint, which they subsequently voluntarily dismissed.
The Fenwick litigation team was led by Laurence Pulgram, Tyler Newby and Sebastian Kaplan.