Seventh Circuit Declines To Review Class Certification Order In Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that permitted comScore, Inc. to track internet traffic and usage.  The comScore software was not supposed to load onto a computer unless the user affirmatively accepted a click wrap agreement that disclosed how comScore tracked and utilized the users' data.  Plaintiffs allege that the software sometimes loaded onto computers without giving users the opportunity to read and accept the click wrap agreement, but primarily claim that comScore accesses and uses data in ways that violate its agreement.  Plaintiffs seek damages for unjust enrichment and allege violations of the Stored Communications Act ("SCA"), 18 U.S.C. § 2701(a)(1), the Electronic Communications Privacy Act ("ECPA"), 18 U.S.C. § 2511(1)(a), (d), and the Computer Fraud and Abuse