Highlights Of The Class Cert. Ruling In Yahoo Privacy Case

Law360, New York (June 4, 2015, 10:22 AM EDT) -- In a first-of-its-kind ruling, Judge Lucy Koh of the Northern District of California recently granted class certification for the California-only subclass alleging data privacy violations in connection with Yahoo Inc.'s data mining of nonsubscribers' emails. In re Yahoo Mail Litigation, Case No. 13-CV-04980-LHK, Dkt. No. 60 (N.D. Cal. May 26, 2015). Plaintiffs sought to certify both a nationwide class and California-only subclass of non-Yahoo email subscribers alleging that Yahoo scanned, stored and used the content of the emails that they exchanged with Yahoo email subscribers, without plaintiffs' consent. The plaintiffs alleged that Yahoo's practice violated: (1) the Stored Communications Act (18 U.S.C. §§ 2702(a)(1)), which prohibits divulging the contents of communication without consent), and (2) California's Invasion of Privacy Act (Cal. Penal Code § 631), which requires all parties' consent before recording or reading any type of communication....

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