9th Circ. Revives Wiretap Claims In Facebook Privacy Suit

Law360 (April 9, 2020, 3:02 PM EDT) -- The Ninth Circuit ruled Thursday that Facebook users accusing the company of unlawfully tracking browsing histories could move forward with several wiretap and privacy claims, but that they had failed to allege the necessary elements for three other allegations.

Facebook users Perrin Davis, Brian Lentz, Cynthia Quinn and Matthew Vickery asked the Ninth Circuit in June 2018 to reverse a lower court ruling that found that standing and pleading deficiencies doomed their multidistrict litigation alleging that the social media giant unlawfully tracked logged-out users’ online browsing activities and then sold that information to advertisers without users’ knowledge.

A three-judge appellate panel agreed...

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