In an order issued Oct. 6, 2026, U.S. District Judge Edward Chen granted the defendant’s motion to dismiss the plaintiffs’ First Amended Complaint (FAC), but granted the plaintiffs 30 days to amend their claims
Judge Chen rejected these arguments, emphasizing that Article III standing requires an actual, concrete injury resulting from the collection of sensitive personal information
The court also addressed the plaintiffs’ claims regarding misrepresentation and broken privacy pledges. While deceptive tracking can serve as a “plus factor” elevating conduct to a “highly offensive” privacy intrusion, Judge Chen held that deceit alone does not transform routine web tracking into an actionable injury
“The key is the sensitivity of the information collected,” Judge Chen wrote, citing recent Ninth Circuit jurisprudence. Because the complaint did not demonstrate that particularly sensitive personal information was gathered, the court concluded that the plaintiffs lacked standing to sue in federal court
Also, because the court found it could not determine that further amendment would be futile, the dismissal was granted with leave to amend. Plaintiffs have until Nov. 5, 2026, to file an updated complaint addressing the standing deficiencies identified by the court
The Crypto.com-affiliated exchange behind OG has sued Washington officials before the state takes enforcement action against its prediction markets. The…
The Crypto.com-affiliated exchange behind OG has sued Washington officials before the state takes enforcement action against its prediction markets. The…
The Crypto.com-affiliated exchange behind OG has sued Washington officials before the state takes enforcement action against its prediction markets. The…
