NO EVIDENCE that “personal information was ever transmitted” So Google Wins Privacy Lawsuit!

21 July 2015 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

Android users lost their lawsuit claiming that Google “violated its own privacy policy by disclosing their names, email addresses and account locations to third parties without permission, to boost advertising revenue” according to Reuters.  On July 15, 2015 US Magistrate Judge Paul Grewal (Northern District of California) in the case In Re Google, Inc. Privacy Policy Litigation granted Google’s motion to dismiss with this first paragraph since he states in a footnote that the “Plaintiffs offer no evidence that any personal information was ever transmitted from any Android device to any third-party developer, summary judgment in Google’s favor would be required”:

You might think that after three years of complaints, motions to dismiss, orders on motions to dismiss, leave to amend, amended complaints and more, at least the fundamental question of Plaintiffs’ Article III standing to pursue this suit would be settled. You might think that, but you would be wrong.

According to the Order this nationwide class action was “brought by Plaintiffs… against Google on behalf of all persons and entities in the United States that purchased at least one paid Android application through the Android Market and/or Google Play Store between February 1, 2009 and May 31, 2014.”

Magistrate Judge Grewal ruled that the “Plaintiffs fail to satisfy all three prongs, they lack standing to pursue their claims”:

First, Plaintiffs have no evidence of concrete, particularized and actual or imminent “injury-in-fact” because they no longer allege that the battery-and-bandwidth -using transmission containing personal information ever occurs from Plaintiffs’ phones.

Second, Plaintiffs’ claim of battery and bandwidth depletion has no nexus to Google’s alleged breach or unfair competition.

Third, any injury is not redressable by a favorable decision. No past or future change to merchant queries or receipt of information would alter the battery or bandwidth consumed in purchasing an app.

This lawsuit was originally filed in 2012 when Google changed its Privacy Policy and may yet be challenged by appealing this Order.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors

Related Services