First Line Of Defense In Privacy Class Actions - Damages

Law360, New York (September 22, 2011, 12:57 PM ET) -- Named plaintiffs in privacy class actions ordinarily do not or cannot allege injury or loss resulting from the misuse or theft of their private information. As demonstrated by recent court decisions in California and New York, the inability to allege damages continues to pose significant obstacles for would-be class plaintiffs. Such was the case for the plaintiffs in In re Google Street View, No. 10-MD-02184 JW (N.D. Cal.). There, the court dismissed plaintiffs' claims under California's consumer protection statute, Business & Professional Code § 17200 ("Section 17200"), because plaintiffs failed to plead facts showing that Google's alleged collection of their Wi-Fi usage data caused plaintiffs to lose or expend money.