How to settle Data Privacy Class Actions-just follow my idea!
Today, Friday, September 22, 2023, I begin the day as usual. A few cups of coffee and time to study my daily google alerts. As usual, it's about 300 alerts, most quickly deleted, a few saved so I can study the cases, but one post in particular causes me angst: https://thehill.com/policy/technology/4215125-parents-can-now-claim-fortnite-refunds-here/ Congrats to the FTC for settling Fortnite, but what a wasted opportunity, failing to make an everlasting benefit to the community, in particular, those harmed by Fortnite-the children.
In the last few years we have seen a surge in state's enacting data privacy legislation, limiting private cause of actions, (only the State AG may bring a lawsuit and recover funds), legislators seizing an opportunity to "milk this new cash cow,"- Data Privacy Litigation, and the FTC doing the same. To compound these matters, the state actions usually provide no funds to its residents, while FTC settlements provide the standard nominal amount. While the "slap on the wrist" settlements may hinder future activities, permitting time enough for new tracking methods to be implemented, these limited "coupon" payments do not educate children about harm caused by the illegal activities. I agree that "out of pocket" reimbursements to the parents of Fortnite users related to unauthorized access to credit cards should be the initial payment, but any and all additional settlement "penalties" should be directed to educational programs for children- an idea I came up with in 2006, one that I proposed directly to Zuckerberg, and first implemented in the BEACON case, should be the "template" for all Data Privacy Class Action Settlements.
While the Defense Bar determined that my LANE V FACEBOOK case was a landmark: https://www.wolfpopperblog.com/blog/2018/8/22/5-landmark-class-actions-lawsuits-that-changed-lives-and-the-world, one of the five class action lawsuits in the past 75 years that have improved people’s lives, and even "transformed the nation." I actually was more happy that the idea I had envisioned was agreed upon, widely accepted, and still to date, continues.
So, JUST FOLLOW MY IDEA!
Notes: (firm's marketing material)
领英推荐
LAW OFFICES OF JOSEPH H. MALLEY P.C.'S?LEGACY: NATIONAL EDUCATIONAL PRIVACY PROGRAMS:
I am proud to announce that a?concept I first envisioned in 2006 which involved setting up a trust within our Privacy Class Action Settlements to fund educational programs for?parents and children about the uses and dangers?of?the Internet has finally begun. By 2011, the program had funds in excess?of?$10,000,000.00; moreover, the idea for class settlements to fund privacy programs for children was being used as a "template" in many class action settlements.
Fordham?Law School’s?Center for Law and Information Policy?will announce and release a first-ever curriculum for privacy education geared to middle school students?
"The program was financed by a court-approved settlement in the class action law suit against?NebuAd....Participating schools: Berkeley Law,?UC-Irvine, Georgetown, Harvard’s?Berkman?Center, Idaho, Princeton’s Center for Information Technology Policy,..andYale.
Fordham Law’s Center on Law and Information Policy (CLIP) was one of the recipients of NebuAd’s cy pres deal to settle a class-action lawsuit filed against the now-defunct company after it allegedly illegally snooped on web users. The company distributed $1.7 million to Internet privacy nonprofits.https://iapp.org/news/a/fordham-law-develops-privacy-curriculum-for-middle-schoolers/