/>iIn December 2024, Jonathan Gabrielli filed several claims alleging that Motorola Mobility LLC (Motorola) misrepresented its data usage policy and shared his personal data with third parties, including Google, Amazon, and TikTok. Specifically, Gabrielli claims that a cookie consent banner giving users the choice to refuse non-essential cookies misrepresented Motorola’s data collection practices because the following information was ultimately shared:
- User browsing histories
- User inputs
- Data about user demographics and behavior
- User shopping activities
- Referring URLs and session information
- User IP addresses, device data, and geolocation
In its opposition to his standing to sue, Motorola argued that as a user, Gabrielli had no reasonable expectation of privacy because he was a privacy “tester.” U.S. District Judge Jon S. Tigar of the Northern District of California, highlighting the early nature of the pleading stage coupled with Gabrielli’s denial of Motorola’s allegations, rejected that argument.
Judge Tigar proceeded to sink Motorola’s challenge to specific personal jurisdiction, finding that Motorola did in fact target the State of California expressly when it referenced only California privacy laws in its policies. The Court also disposed of Motorola’s motion to strike class allegations and gave Gabrielli 21 days to amend the complaint.
The Court also dismissed some claims that lacked adequately pleaded damages by Gabrielli or that did not match the required legal standards. Claims for breach of contract, breach of implied covenant of good faith and fair dealing, and trespass to chattels were dismissed. Gabrielli’s remaining claims included unjust enrichment, invasion of privacy, intrusion upon seclusion, fraud, and violation of the California Invasion of Privacy Act (CIPA).
As technology evolves at a rapid pace, the legislature continues to attempt to navigate these regulatory complexities and deceptive data practices. Courts will likely pay close attention to data collection methods and cookie protocols, so companies should review their consumer consent practices for transparency and accuracy. Judge Tigar’s willingness to proceed with these privacy allegations against Motorola signals an openness to develop a precedent in this space.
