On August 20, 2024, the Ninth Circuit reversed a trial court’s rejection of a privacy suit in which all plaintiffs consented to the receipt and use of their browsing data. The decision was a setback for WLF, which filed an amicus brief in the case urging affirmance. WLF’s brief argued that allowing plaintiffs to impose liability on Google for data retention practices to which they’ve knowingly consented would invite disastrous, unintended consequences. The Ninth Circuit disagreed, holding that disputes of material fact remained over whether a reasonable user of Google’s product would have realized what they were consenting to.
Documents