In one of the most significant class action rulings in website tracking litigation to date, a California federal court just denied class certification in a long-running dispute and suggested that obtaining such certification may prove substantially more difficult for plaintiffs than surviving a motion to dismiss. The June 16 decision in Ingraham v. Capital One Financial Corp. from the U.S. District Court for the Northern District of California could offer your business a roadmap for defeating similar website wiretapping class actions.
While courts have spent the last several years addressing motions to dismiss in privacy and wiretapping class actions involving website and mobile app use of cookies, pixels, analytics tools, and other online tracking technologies, relatively few courts have confronted the question of whether these cases can be certified as class actions.
Plaintiffs alleged that Capital One’s credit card application and preapproval website used tracking technologies that transmitted applicants’ personal and financial information to third parties without consent. They asserted claims under federal and California privacy laws, including violations of the Electronic Communications Privacy Act (ECPA), the California Invasion of Privacy Act (CIPA), and the California Consumer Privacy Act (CCPA), as well as common law claims for negligence and unjust enrichment.
Plaintiffs sought certification of proposed classes...
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