Cambridge Analytica Use of Facebook User Data Targeted in NJ Suit
The New Jersey suit, "Malskoff v. Facebook," follows at least two other putative class actions, in Illinois and California, making similar claims against the companies.
March 29, 2018 at 05:09 PM
5 minute read
More fallout over revelations that Facebook user data was accessed by political consultant Cambridge Analytica, as another nationwide class action against the two companies was filed Tuesday, this time in federal court in New Jersey.
The suit accuses Facebook of violating the Stored Communications Act, 18 U.S.C. §2701, by giving Cambridge Analytica access to its members' electronic communications and personal information without consent, and claims the information was ultimately used to the benefit of President Donald Trump's 2016 campaign. The action seeks damages for negligence by Facebook and Cambridge Analytica in failing to safeguard class members' personal information.
Cambridge, for its part, has acknowledged that it harvested data from Facebook users, but denies that the information was used in connection with the 2016 Trump campaign.
The filing of Malskoff v. Facebook follows at least two other putative class actions making similar claims against the companies—Price v. Facebook, filed March 20 in the Northern District of California, and Conforte v. Cambridge Analytica, filed March 22 in the Northern District of Illinois. The Northern District of California also saw a shareholder suit alleging declining Facebook stock prices after the scandal became public.
The suits were prompted by reports in the New York Times and The Guardian on March 17 that Cambridge, while working on Donald Trump's 2016 presidential campaign, obtained personal information from about 50 million Facebook users without their permission and under the pretense of a research project. A former Cambridge contractor who worked on the Facebook project, Christopher Wylie, told the Times and the Guardian how he obtained the data along with Aleksandr Kogan, a Cambridge University academic.
Wylie, explaining how the data mining of Facebook users worked, said, “With their profiles, likes, even private messages, [Cambridge Analytica] could build a personality profile on each person and know how to best target them with messages,” according to the New Jersey suit, which cited an interview in Forbes.
Wylie, according to the complaint, stated that he had invoices, receipts, emails, letters and records showing how, “between June and August 2014, the profiles of more than 50 million Facebook users had been harvested.” These profiles “contained enough information, including places of residence, that [Cambridge Analytica] could match users to other records and build psychographic profiles,” the complaint states, also citing a New York Times article.
The Malskoff alleges that Steve Bannon, President Trump's former chief political strategist, was head of Cambridge Analytica when it obtained the Facebook data in 2014, in order to target them with personalized political advertisements. Before serving as Trump's adviser, Bannon oversaw Cambridge Analytica's efforts to collect Facebook data as part of a program to build detailed profiles of millions of American voters, and the effort was underwritten by Robert Mercer, a hedge fund owner and Republican fundraiser, the suit claims.
The New Jersey suit names Mercer and Kogan as defendants, as well as Facebook, Cambridge Analytica LLC and Cambridge Analytica UK. Class representatives in the New Jersey case are Jay Malskoff of Edgewater, New Jersey, and Kenneth Irvine of San Jose, California.
The complaint was filed by Stephen Weiss of Seeger Weiss in New York, who did not respond to a reporter's phone messages.
Cambridge Analytica did not respond to a reporter's request for comment about the New Jersey suit. A statement on the company's website said that it obtained Facebook data in 2014 whose use was not authorized from most respondents. But the company said it did not use that data in its work on the 2016 Trump campaign.
The Cambridge statement went on to say that Wylie, the whistleblower, was at the company less than a year and was found to be misusing the company's intellectual property while attempting to start his own company.
Facebook Vice President and Deputy General Counsel Paul Grewal, in a statement on the New Jersey suit, said, “We are committed to vigorously enforcing our policies to protect people's information. We will take whatever steps are required to see that this happens.”
A company spokeswoman, Genevieve Grdina, also referred a reporter to a statement on the company website from CEO Mark Zuckerberg, which described a series of measures the company was undertaking to ensure security of members' data.
“This was a breach of trust between Kogan, Cambridge Analytica and Facebook. But it was also a breach of trust between Facebook and the people who share their data with us and expect us to protect it. We need to fix that,” Zuckerberg said in the statement.
The furor over Cambridge Analytica's use of Facebook data is largely directed at the company's Menlo Park, California, headquarters. Members of Congress have vowed to summon Zuckerberg to Washington for hearings into the scandal. And the Federal Trade Commission is reportedly investigating whether Facebook violated the terms of a 2011 settlement over its handling of user data. That settlement required Facebook to, among other things, obtain express consent before sharing user information beyond what individual privacy settings allow.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAmazon's Audible Hit With Privacy Class Action Over Use of Tracking Pixels
In a First, a Geolocation Privacy Class Action Will Go to a Jury
New Jersey Adds New Roads to an Already Complicated Privacy Map
New Jersey Data Privacy Law Reinforces Certain Trends, Carves Out New Burdens
Trending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250