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ARTICLE · 26 DECEMBER 2024

Ninth Circuit Dismisses Adtech Class Action For Lack Of Standing

Duane Morris LLP
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On December 17, 2024, in Daghaly, et al. v. Bloomingdales.com, LLC, No. 23-4122, 2024 WL 5134350 (9th Cir. Dec. 17, 2024), the Ninth Circuit ruled that a plaintiff lacked Article III...

United StatesLitigation, Mediation & Arbitration
Gerald Maatman, Jr.
Gerald Maatman, Jr.
Justin Donoho
Justin Donoho
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Duane Morris Takeaways: On December 17, 2024, in Daghaly, et al. v. Bloomingdales.com, LLC, No. 23-4122, 2024 WL 5134350 (9th Cir. Dec. 17, 2024), the Ninth Circuit ruled that a plaintiff lacked Article III standing to bring her class action complaint alleging that an online retailer's use of website advertising technology disclosed website visitors' browsing activities in violation of the California Invasion of Privacy Act and other statutes. The ruling is significant because it shows that adtech claims cannot be brought in federal court without specifying the plaintiffs' web browsing activities allegedly disclosed.

Background

This case is one of the hundreds of class actions that plaintiffs have filed nationwide alleging that Meta Pixel, Google Analytics, and other similar software embedded in defendants' websites secretly captured plaintiffs' web browsing data and sent it to Meta, Google, and other online advertising agencies. This software, often called

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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