PCH Moves to Dismiss Privacy Case Because Utah Law ‘Explicitly Forbids’ Class Actions
Publishers Clearing House (PCH) seeks the dismissal of James Camoras’ Dec. 15 class action under Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (NISNPIA) because the statute “explicitly forbids” class actions, said PCH’s motion Friday (docket 4:23-cv-00118) in…
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U.S. District Court for Utah in St. George. Camoras bought a tripod and a book from PCH in December 2022 and February 2023, and he alleges that PCH didn’t notify him that it discloses customers' private purchase information to third parties (see 2312180014). Without Camoras’ class claims, the court doesn’t have jurisdiction over the plaintiff's individual claim, as it’s not sufficient to meet the amount in controversy required by statute, said PCH’s motion. He also has failed to allege the “essential elements” of a claim under NISNPIA, it said. Even if the court did have jurisdiction over this matter, the complaint fails to allege that PCH itself “maintains an office in Utah, which is a required element under NISNPIA,” it said. The complaint also fails to adequately allege that PCH disclosed Camoras’ nonpublic personal information to any third party, it said.