Ambiguity in the Privacy Policy and Terms of Use Undermine Defendant’s Motion to Dismiss Based on Article III Standing. Without Sensitive Information at Issue, Plaintiff Cannot Move Forward With an Intrusion on Seclusion Claim.
On February 2, 2021, Judge Susan Van Keulen, in the Northern District of California, denied in part and granted in part Defendant's Motion to Dismiss. Flores-Mendez et al v. Zoosk, Inc. et al. (N.D. CA; 3:20-cv-04929-WHA). Evaluating Article III standing based on Plaintiff's consent to Defendant's online privacy policy and terms of use, the Court held that: [i]f “the contract language… Read More