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http://ssrn.com/abstract=2045909
 
 

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The Irony of Privacy Class Action Litigation


Eric Goldman


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

Abstract:     
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

working papers series


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Date posted: April 26, 2012 ; Last revised: January 15, 2013

Suggested Citation

Goldman, Eric, The Irony of Privacy Class Action Litigation (December 2, 2012). Journal of Telecommunications and High Technology Law, Vol. 10, 2012; Santa Clara Univ. Legal Studies Research Paper No. 05-12. Available at SSRN: http://ssrn.com/abstract=2045909 or http://dx.doi.org/10.2139/ssrn.2045909

Contact Information

Eric Goldman (Contact Author)
Santa Clara University - School of Law ( email )
500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4369 (Phone)
HOME PAGE: http://www.ericgoldman.org
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