Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

more+
less-

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta Air Lines Inc., No. 12-526741, Order (Cal. Sup. Ct. May 9, 2013). The state alleged that since at least 2010, Delta Airlines operated a mobile application that allows customers to, for example, check-in online for an airplane flight, view reservations for air travel, or rebook cancelled or missed flights. The AG claimed that the Delta application collects substantial personally identifiable information without providing a privacy policy. The suit sought an injunction and penalties of up to $2,500 for each violation. Reportedly, the court determined that the suit was preempted by the federal Airline Deregulation Act, which prohibits states from regulating certain airline functions, including, according to Delta and the court, the mobile application at issue in this case. The suit against Delta was filed after the AG sent letters to Delta and numerous other mobile application developers and providers advising those entities of their alleged noncompliance with state privacy law, and forms part of a broader enforcement effort by the AG with regard to online and mobile privacy.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BuckleySandler LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×