Supreme Court Vacates Approval of Class Action Settlement and Remands to Determine Article III Standing in Data Privacy Case
April 1, 2019
On March 20, 2019, in Frank v. Gaos, the Supreme Court remanded a case challenging Google’s practice of disclosing users’ search terms to third parties, directing the lower courts to address whether class plaintiffs had Article III standing to bring the privacy action in light of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016).
Frank v. Gaos was originally notable because it had been resolved by a cy pres-only class action settlement, which had been appealed by objecting class members as inconsistent with Federal Rule of Civil Procedure 23. As part of the remand, the Court vacated the settlement without opining on its validity.
Click here, to continue reading on the Cleary Cybersecurity and Privacy Watch blog.