Unjust Enrichment: The Newest Weapon in Privacy Enforcement?
A ruling from the U.S. Court of Appeals for the Ninth Circuit in a Facebook privacy lawsuit reveals another potential pathway to standing, says University of Denver law professor Bernard Chao.
April 16, 2020 at 01:00 AM
6 minute read
The original version of this story was published on The Recorder
In a case over Facebook's alleged use of plug-ins to catalog users' browsing histories in order to sell that data, the U.S. Court of Appeals for the Ninth Circuit ruled that plaintiffs have standing to sue over an alleged infringement of privacy rights covered in the Wiretap Act, Stored Communications Act and the California Invasion of Privacy Act.
But what might be more interesting is the court finding the plaintiffs also have standing to sue the tech giant for unjust enrichment. Bernard Chao, a law professor at University of Denver Sturm College of Law, said he's noticed lawyers often drop their unjust enrichment argument shortly after raising it. That could change after this decision.
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