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