The People of The State of California v. Delta Air Lines Inc.
Published: May 25, 2013 | Result Date: May 9, 2013 | Filing Date: Jan. 1, 1900 |Case number: CGC-12-526741 Bench Decision – Dismissed with Prejudice
Court
San Francisco Superior
Attorneys
Plaintiff
Adam Miller
(California Dept. of Justice)
Defendant
Jennifer C. Archie
(Latham & Watkins LLP)
David J. Schindler
(Latham & Watkins LLP)
Facts
In 2010, Delta Airlines Inc. released a smartphone application for consumers to use for airline services, such as checking in, booking, and tracking baggage for flights.
Contentions
PLAINTIFF'S CONTENTIONS:
The California Attorney General filed suit against Delta, alleging violation of California's Online Privacy Protection Act. The State contended that Delta violated the statute by failing to implement a privacy policy for users of its application.
DEFENDANT'S CONTENTIONS:
Delta contended that the suit was barred by federal law, which prohibits states from applying their consumer protection statutes to air carriers.
Result
The case was dismissed with prejudice.
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