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Judge Dismisses Suit, Questioning “Harm”

PRIVACY LAW—U.S.

December 5, 2011

A U.S. District Court judge has dismissed a proposed class-action lawsuit against Amazon related to users' privacy, MediaPost reports. The plaintiffs have 30 days to revise the complaint, which alleged the company violated consumer protection and computer fraud laws by circumventing "the privacy settings of Internet Explorer users" and setting cookies without permission, the reports states. Judge Robert Lasnik determined the plaintiffs did not "plead adequate facts to establish any plausible harm" and that the plaintiffs' "use of defendant's site to make purchases would appear to serve both as an acknowledgment that cookies were being received and an implied acceptance of that fact." The decision comes amidst other recent dismissals and a filing by several companies to the Supreme Court on the issue of demonstrating harm. Editor's Note: The upcoming Web Conference, "The Evolving Nature of Privacy Harm" will feature expert insights on privacy harm issues on December 16.
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