Have you ever received an email from LinkedIn with the invitation: “I’d like to add you to my professional network.”? If you did not respond, did you receive a reminder email a week later? And another one a few weeks after that? If you did, or if you were one of the LinkedIn users who (inadvertently) sent out one of these “endorsement emails,” then Perkins v. LinkedIn (N.D. Ca. June 14, 2014) is a class action lawsuit against LinkedIn you might want to keep an eye on.
The crux of the complaint, which has been brought by nine individual plaintiffs as a class suit, is that LinkedIn violated several state and federal laws by harvesting email addresses from the contact lists of email accounts associated with the class plaintiffs’ LinkedIn accounts and used the contacts to spam their users’ contacts with LinkedIn ads. The class complaint alleged five causes of action:
- violation of California’s common law right of publicity;
- violation of California’s Unfair Competition Law (“UCL”);
- violation of the Stored Communications Act (“SCA”);
- violation of the Wiretap Act; and
- violation of California’s Comprehensive Data Access and Fraud Act (“CCDAFC”).
The district court is allowing the case to proceed on the California right of publicity claim, but not on any others. Here is how the court came to that decision.…
Continue Reading →