MDL Court Powers Through Analysis On Economic Loss Claims

by Weil, Gotshal & Manges LLP
Contact

Attorneys asked to research economic loss issues across multiple states may have just hit the jackpot. The court presiding over the General Motors Ignition Switch Multidistrict Litigation recently authored an opinion providing a multistate survey of the law concerning product defect manifestation, incidental damages, and unjust enrichment in the economic loss context. See In re GM LLC Ignition Switch Litig., No. 14-MD-2543 (JFM), 2018 U.S. Dist. LEXIS 155576 (S.D.N.Y. Sept. 12, 2018).

The GM Ignition Switch MDL arose from the recall in February 2014 by General Motors LLC (“New GM”) of vehicles manufactured with a defective ignition switch that could move too easily from the “run” position to the “accessory” and “off” positions. Plaintiffs in the MDL seek recovery on behalf of broad putative class of GM car owners and lessors whose vehicles were subject to recalls for the ignition switch issue as well as other defects. Plaintiffs argue that they have been harmed by, among other things, a drop in their vehicles’ value due to these defects. Id. at *171-72.

Following certain prior decisions and the parties’ meet and confer, the court focused on three issues in its decision: (1) whether “manifest defect” is required for plaintiffs to recover for their economic losses under the laws of twenty-seven jurisdictions; (2) whether plaintiffs can recover damages for their “lost time” (for example, time spent repairing their vehicles) under the laws of twenty-seven jurisdictions; and (3) whether the existence of a contract or an adequate legal remedy bars plaintiffs’ unjust enrichment claims under the laws of ten jurisdictions. Id. The court marched through this onerous analysis systematically.

Manifestation

The court first examined whether plaintiffs could pursue economic loss claims for non-manifested defects under state consumer protection statutes; common law fraudulent concealment claims; and implied warranty claims. For all of the jurisdictions in dispute, the court held that manifestation is not required to bring claims under any of these three theories of liability. Id. at *175. Although in one of its prior opinions, the court had suggested that a manifestation requirement represents the “majority view,” it boldly backtracked from that position based on its “comprehensive analysis of the law of the remaining states.” Id at *178.

In examining the various states’ consumer statutes, the court further categorized the still-disputed jurisdictions into (a) states with “broad remedial statutes” [1] and (b) states in which the consumer protection statute limits recovery to “actual damages.”[2] The court noted that it would not impose a manifestation requirement absent state law to the contrary. It also observed that courts imposing a manifestation requirement have often done so as a proxy for proof of actual defect. While acknowledging that manifestation may be helpful in proving the presence of a defect, the court reasoned that “it does not follow that recovery for economic loss should turn on whether the defect also caused property or personal damage.” Id. at *179.  With regard to “actual damages” jurisdictions, the court held that that term should, at least as a default, be treated as inclusively as “compensatory damages”: “In the absence of authority suggesting either that the phrase ‘actual damages’ should be read to have a narrower meaning than ‘compensatory damages’ or that manifestation is required, the Court will not impose a manifestation requirement based solely on the term “actual damages.’” Id. at *200.

The court was guided by its conclusion in prior opinions that a plaintiff need not plead manifestation to state a fraudulent concealment claim in a state where “benefit-of-the-bargain” damages (i.e., the difference between the value of the property plaintiff received and the value that the property would have had if the false representation had been true) are available for fraud and there is no case law imposing a manifest defect requirement. Therefore, in eighteen states,[3] the court’s analysis was as simple as citing authority providing that benefit-of-the-bargain damages are available for common-law fraud claims. Id. at *221. In the remaining five states, [4] where clear “benefit-of-the bargain” authority was lacking, the court performed a more detailed analysis but reached the same conclusion: that manifestation is not a required element of a fraudulent concealment claim. For instance, both Minnesota and Oregon have adopted an “out-of-pocket” rule, under which a plaintiff may recover the difference between the actual value of the property received and the price paid for the property, which differs slightly from the benefit-of-the-bargain rule. The court found that the distinction between those two rules did not matter to the manifestation inquiry, however, “because, either way, the plaintiff may recover for a difference in value between what was purchased and what was received.” Id. at *227, 233.

The court again leaned heavily on its prior opinions finding that the Uniform Commercial Code expressly provides that a claim for breach of an implied warranty accrues when the breach occurs, regardless of the aggrieved party’s knowledge of the breach, and that there is no requirement that plaintiffs demonstrate any injury to their person or property as a result of the breach, but only that they purchased an unmerchantable product. Id. at *235. In addition, the UCC provides for benefit-of-the-bargain damages, which, as with its fraudulent concealment analysis, the court took as compelling evidence that manifestation is not required for implied warranty claims. Id. at *236. Therefore, for most of the sixteen states in dispute, [5] the court’s analysis consisted of citing authority indicating that the relevant UCC provisions apply in that jurisdiction. For the remaining few states, [6] the court performed a more detailed analysis but likewise rejected all of New GM’s arguments in favor of applying a manifestation requirement.

Lost Time

The court next took on the arduous task of determining whether plaintiffs could recover for “loss of time” damages under the laws of forty-seven different states. New GM conceded that in nearly every state, plaintiffs may recover for “lost time” understood as lost earnings or income. Id. at *245. However, plaintiffs sought recovery more broadly for not only lost earnings or income, but also lost free or personal time, for example, time plaintiffs spent repairing their vehicles rather than engaging in “another desired activity.” Id. at *246. The court noted the policy arguments against compensating for lost personal time (e.g., inviting limitless litigation and prioritizing less-worthy claims) and found that, “as a matter of law, the overwhelming majority of states adhere to the view that lost-time damages are the equivalent of lost earnings or income.” Id. at *246. The court further concluded that this “narrow construction of lost time” applies across damages in all substantive areas, including in the contexts of statutory consumer protection, common-law fraud, and implied warranty claims. Id. at *250.

Based on the court’s analysis, six of the forty-seven states in dispute do not strictly limit lost-time damages to lost earnings or income. Id. at *280-81. Specifically, in Colorado, New York, Ohio, Utah, and Virginia, authority exists supporting the availability of damages for lost free time under the respective state’s consumer protection statutes (but not under common law fraud or implied warranty theories). In Oklahoma, which the court characterized as the “most permissive” jurisdiction, plaintiffs may recover lost personal time for all claims. Even there, the court found the analysis to be a “close call,” but ultimately determined that “[b]y pairing ‘loss of time’ with damages for ‘inconvenience, travel, and telephone expenses, and ruined food,’ and making no mention of lost wages or earnings, [] decisions [by Oklahoma courts] suggest that Oklahoma Plaintiffs may recover for lost free or personal time.” Id. at *289.

Although not specifically addressed in the parties briefing, the court also took the opportunity to examine whether, under the law of the 47 states in question, a person may recover for time lost performing unpaid household work. The upshot of this analysis was a list with supporting authorities of 17 states[7] that allow a plaintiff to recover for the loss of his or her own household services, and 30 states[8] that allow a plaintiff to recover for the loss of another’s household services, as well as an instruction to the parties to address whether and how such damages apply to the plaintiffs in this case. Id. at *250 n.35.

Unjust Enrichment

Finally, the court addressed whether the plaintiffs could bring claims for unjust enrichment under the laws of the ten states still in dispute. It concluded that in nine of those states[9] (all but Connecticut), a plaintiff may only plead unjust enrichment in the alternative where the validity or enforceability of a contract is in question. Id. at *294. Further, in seven of the ten states (all but Connecticut, New Hampshire, and Rhode Island), the court concluded that a plaintiff may not maintain an unjust enrichment claim if he or she has an adequate remedy at law. Id.

Wrap Up

Assuming it had the stamina to digest the court’s mega-analysis, new GM walked away from this opinion with a mixed bag in terms of the number and scope of economic loss claims the plaintiffs may proceed with. Topping the list of obvious disappointments is the court’s liberal ruling on manifest defect. Allowing every plaintiff in the 27 disputed jurisdictions to seek economic loss damages for depreciation in vehicle value without having to allege personal injury or property damage could significantly broaden the scope of potential recovery. Nevertheless, the court’s opinion is perhaps even more striking in form than substance. The MDL court seized the opportunity to review the current state of the law on multiple questions across much of the country. Certain of these questions, such as whether unjust enrichment may be plead alongside contract-based claims, arise frequently in litigation. It will be interesting to see whether this opinion is turned to and cited frequently by parties and courts examining similar questions. At minimum, attorneys tasked with researching the same issues may be thanking the court for doing some heavy lifting, thus creating a one-stop shop for a plethora of authority.

Footnotes:

[1] Alaska, Colorado, Kansas, Mississippi, Montana, Nevada, New Jersey, and New Mexico

[2] Arizona, Connecticut, Iowa, Kentucky, Maine, Nebraska, Ohio, Oregon, Rhode Island, South Dakota, Tennessee, Washington, and West Virginia

[3] Alaska, Arizona, Colorado, Connecticut, Georgia, Idaho, Indiana, Iowa, Kansas, Montana, Nebraska, Nevada, New Mexico, Rhode Island, South Dakota, Tennessee, Vermont, and Washington

[4] Minnesota, Mississippi, New Jersey, Oregon, and West Virginia

[5] Alaska, Indiana, Kansas, Maine, Mississippi, Montana, Nebraska, Nevada, New Mexico, Rhode Island, South Dakota, and Wyoming

[6] Colorado, Delaware, Ohio, and West Virginia

[7] Alabama, Alaska, Arizona, Arkansas, Connecticut, Florida, Idaho, Indiana, Kentucky, Massachusetts, Nevada, New Hampshire, New Mexico, North Carolina, South Carolina, West Virginia, and Wyoming

[8] Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah,
Vermont, Virginia, Washington and Wisconsin

[9] Arizona, Mississippi, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, and West Virginia

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.

© Weil, Gotshal & Manges LLP | Attorney Advertising

Written by:

Weil, Gotshal & Manges LLP
Contact
more
less

Weil, Gotshal & Manges LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.