A recent order in Shah v. MyFitnessPal, Inc. suggests that some courts may be looking at CCPA to understand California consumers' privacy expectations. The case arises from the increasingly common allegations focused on companies' use of tracking tools.
In the case, plaintiffs argued that MyFitnessPal used both advertising and analytics cookies after they opted out through the site's cookie consent banner. Those cookies, they alleged, shared their personal information with popular third-party platforms. The plaintiffs brought claims including invasion of privacy, intrusion upon seclusion, and violations of California's wiretap law. MyFitnessPal sought to dismiss, but the court denied its motion as to the privacy claims (other claims were dismissed with leave to amend).
