The Irony of Privacy Class Action Litigation
Santa Clara University - School of Law
December 2, 2012
Journal of Telecommunications and High Technology Law, Vol. 10, 2012
Santa Clara Univ. Legal Studies Research Paper No. 05-12
In the past few years, publicized privacy violations have regularly spawned class action lawsuits in the United States, even when the company made a good faith mistake and no victim suffered any quantifiable harm. Privacy advocates often cheer these lawsuits because they generally favor vigorous enforcement of privacy violations, but this essay encourages privacy advocates to reconsider their support for privacy class action litigation. By its nature, class action litigation uses tactics that privacy advocates disavow. Thus, using class action litigation to remediate privacy violations proves to be unintentionally ironic.
Number of Pages in PDF File: 12
Keywords: privacy, class action lawsuits, security, litigation, opt-in, opt-out, notice & choice
JEL Classification: k41, k13
Date posted: April 26, 2012 ; Last revised: January 15, 2013
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