context: Nor can the Court say that the alleged injury is merely "conjectural or hypothetical." Defendant argues that Plaintiffs' theory of economic harm is merely speculative, pointing to a line of privacy cases involving the alleged disclosure of personal information that have been dismissed for failure to show injury.
citation_a.signal: see
citation_a.identifier: 2011 WL 4403963, at *5-6
citation_a.parenthetical: plaintiffs' mere "general allegations" about the mobile device market for apps and about abstract concepts such as "lost opportunity costs" and "value-for-value exchanges" were insufficient to establish a concrete theory of injury
citation_a.sentence: See Low, 2011 WL 5509848, at *4-6 (plaintiffs general allegation that the data collection industry considers consumer information valuable was insufficient to establish standing where he failed to allege what personal information of his was purportedly collected by a third party and how such collection deprived him of the economic value of his data); In re iPhone Application, 2011 WL 4403963, at *5-6 (plaintiffs’ mere “general allegations” about the mobile device market for apps and about abstract concepts such as “lost opportunity costs” and “value-for-value exchanges” were insufficient to establish a concrete theory of injury); Specific Media, 2011 WL 1661532, at *4-6 (plaintiffs’ reference to “academic articles concerning the nature of Internet business models driven by consumers’ willingness to supply data about themselves” was insufficient, on its own, to establish standing in the absence of “some particularized example of their application in this case” (internal quotation marks, citations, and alterations omitted)); In re Jetblue Airways Corp. Privacy Litig., 379 F.Supp.2d 299, 327 (E.D.N.Y.2005) (rejecting plaintiffs’ attempt to recover the loss of the economic value of their personal information as a contract damage where airline disclosed their personal data to a third-party data mining company in violation of airline’s privacy policy); In re Doubleclick, Inc. Privacy Litig., 154 F.Supp.2d 497, 525 (S.D.N.Y.2001) (rejecting argument that the economic value of the collection of demographic consumer data is an economic loss to the individual consumer); but see Krottner v. Starbucks Corp., 628 F.3d 1139, 1143 (9th Cir.2010) (holding that plaintiffs “alleged a credible threat of real and immediate harm stemming from the theft of a laptop containing their unencrypted personal data,” which included their names, addresses, and social security numbers); Doe 1 v. AOL LLC, 719 F.Supp.2d 1102, 1109-11 (N.D.Cal.2010) (holding that plaintiffs were injured by defendant’s collection and publication of “highly sensitive personal information,” including credit card numbers, social security numbers, financial account numbers, and information regarding plaintiffs’ personal issues, including sexuality, mental illness, alcoholism, incest, rape, and domestic violence).
citation_b.signal: but see
citation_b.identifier: 719 F.Supp.2d 1102, 1109-11
citation_b.parenthetical: holding that plaintiffs were injured by defendant's collection and publication of "highly sensitive personal information," including credit card numbers, social security numbers, financial account numbers, and information regarding plaintiffs' personal issues, including sexuality, mental illness, alcoholism, incest, rape, and domestic violence
citation_b.sentence: See Low, 2011 WL 5509848, at *4-6 (plaintiffs general allegation that the data collection industry considers consumer information valuable was insufficient to establish standing where he failed to allege what personal information of his was purportedly collected by a third party and how such collection deprived him of the economic value of his data); In re iPhone Application, 2011 WL 4403963, at *5-6 (plaintiffs’ mere “general allegations” about the mobile device market for apps and about abstract concepts such as “lost opportunity costs” and “value-for-value exchanges” were insufficient to establish a concrete theory of injury); Specific Media, 2011 WL 1661532, at *4-6 (plaintiffs’ reference to “academic articles concerning the nature of Internet business models driven by consumers’ willingness to supply data about themselves” was insufficient, on its own, to establish standing in the absence of “some particularized example of their application in this case” (internal quotation marks, citations, and alterations omitted)); In re Jetblue Airways Corp. Privacy Litig., 379 F.Supp.2d 299, 327 (E.D.N.Y.2005) (rejecting plaintiffs’ attempt to recover the loss of the economic value of their personal information as a contract damage where airline disclosed their personal data to a third-party data mining company in violation of airline’s privacy policy); In re Doubleclick, Inc. Privacy Litig., 154 F.Supp.2d 497, 525 (S.D.N.Y.2001) (rejecting argument that the economic value of the collection of demographic consumer data is an economic loss to the individual consumer); but see Krottner v. Starbucks Corp., 628 F.3d 1139, 1143 (9th Cir.2010) (holding that plaintiffs “alleged a credible threat of real and immediate harm stemming from the theft of a laptop containing their unencrypted personal data,” which included their names, addresses, and social security numbers); Doe 1 v. AOL LLC, 719 F.Supp.2d 1102, 1109-11 (N.D.Cal.2010) (holding that plaintiffs were injured by defendant’s collection and publication of “highly sensitive personal information,” including credit card numbers, social security numbers, financial account numbers, and information regarding plaintiffs’ personal issues, including sexuality, mental illness, alcoholism, incest, rape, and domestic violence).