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

By Daniel Siegal (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...

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