Lawsuit Against Facebook Over User Tracking Dismissed by Judge in California
A federal judge granted Facebook's motion to dismiss a class-action lawsuit that alleged the company violated people's privacy by tracking their browsing activity on third-party websites. Judge Edward Davila of the District Court for the Northern District of California said…
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in Friday's decision (in Pacer) the plaintiffs lacked standing and failed to state a claim. In the case, which dates from 2012 and previously was dismissed before a second amended complaint was filed, several plaintiffs alleged Facebook used "like" buttons in third-party websites to track their private internet browsing history. "Plaintiffs allege that Facebook’s cookies enable it to uniquely identify users and correlate their identities with their browsing activity, even when users are logged out of Facebook," wrote Davila. He said in the second amended complaint the plaintiffs alleged Facebook's actions violated the Wiretap Act, the Stored Communications Act and the California Invasion of Privacy Act (CIPA), among other statutes. Under the Wiretap Act and CIPA, Davila said, plaintiffs alleged Facebook intercepted their communications through acquisition of URL data. But he said Facebook doesn't intercept communications because a user's web browser automatically sends information to Facebook and the third-party website. Davila said the second amended complaint contains "no new facts that establish economic harm or loss" and therefore lacks standing. A Facebook spokeswoman said the company was pleased with the ruling. Plaintiffs' lawyers didn't comment.