1st Circ. Revives USA Today App User's Privacy Class Action

Law360, Los Angeles (April 29, 2016, 10:50 PM EDT) -- The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

In a published decision, a three-judge panel including retired U.S. Supreme Court Justice David Souter reversed U.S. District Judge Dennis Saylor’s ruling dismissing named plaintiff Alexander Yershov’s suit alleging Gannett Co. Inc. violated the federal Video Privacy Protection Act by recording what videos he watched on the USA Today App and sending the information to Adobe...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS