Judge Continues Hearing on JetBlue's Motion to Dismiss Privacy Suit to June 26
U.S. District Court Judge Marilyn Huff continued the hearing on JetBlue’s motion to dismiss a privacy complaint to June 26, said a Thursday minute order in U.S. District Court for Southern California in San Diego. Plaintiff Anne Lightoller’s complaint (docket…
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3:23-cv-00361) alleges JetBlue used technology from FullStory to record her mouse movements, clicks and keystrokes on websites she visited, in violation of California's Invasion of Privacy Act (CIPA). Lightoller’s February JetBlue complaint is one of 17 filed by her Hausfeld counsel in the past seven months, “each pleading near verbatim identical facts based on various website operators’ alleged collection of innocuous data plaintiffs voluntarily provided online,” said JetBlue’s May 23 reply (see 2305240019). Lightoller’s pro forma complaint “is subject to dismissal for multiple reasons that no amendment can cure,” said JetBlue. The plaintiff concedes she alleged only a “bare procedural violation” of the CIPA, which is “deficient” under case law “to maintain suit in federal court,” it said. Enforcement of Lightoller’s state law claims “would have a significant effect on JetBlue’s services” offered on its website, and that’s an outcome that's “forbidden” under the Americans With Disabilities Act, said the airline.