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ARTICLE · 13 AUGUST 2015

Article III Standing Absent, Given Lack Of Privacy Policy Violation

Although acceding to the terms of its privacy policy is now seemingly part and parcel of using almost every website, such ubiquity does not seem to have increased anyone's desire to read them

United StatesPrivacy

Richard Raysman is a Partner in our New York office

Although acceding to the terms of its privacy policy is now seemingly part and parcel of using almost every website, such ubiquity does not seem to have increased anyone's desire to read them. Generally lengthy and couched in legalese, most users loathe to investigate the terms and conditions contained therein. True, some industrious users do take in the entirety of the policies. In addition, some even more motivated users have in recent years taken an additional step and begun to sue based on supposed violations of the policies. For example, one such user recently brought a claim against the advocacy organization AARP based on purported violations of its use of the personally identifiable information of its users. See Austin-Spearman v. AARP and AARP Services Inc., --- F. Supp. 3d ----, 2015 WL 4036206 (D.D.C. June 30, 2015), amended, 2015 WL 4555098 (D.D.C. July 28, 2015). The conclusions reached by the

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