Fenwick & West privacy co-chair Tyler Newby was quoted in a Law360 article regarding cases to watch in 2015.
One case involves Spokeo Inc., a “people’s search engine,” trying to overturn a Ninth Circuit decision allowing a proposed class action suit to proceed. The suit alleges that Spokeo compiles false information about people from diverse sources, both online and off, into reports that it then sends to subscribers, thereby violating the Fair Credit Reporting Act. The U.S. Supreme Court has asked the solicitor general to weigh in on the matter.
Newby told Law360 that technology companies, particularly those hit repeatedly with privacy lawsuits, are closely following the proceedings.
“Currently, plaintiffs try to avoid the Article III standing hurdle in privacy cases by alleging a violation of a statutory right, such as the federal Wiretap Act, the Stored Communications Act, or the FCRA, all of which carry statutory damages that can add up when multiplied across a large class.” Newby added, “Were the court to hold that a plaintiff must establish a concrete injury to himself from the violation of a statutory right to have standing, plaintiffs would face a higher bar to bringing claims for alleged privacy violations.”
The full article is available through Law360.com (subscription required).