FEDERAL JUDGE DISMISSES LAWSUIT AGAINST JETBLUE ALLEGING ILLEGAL TRACKING OF WEBSITE USERS

July 18, 2023

On June 12, 2023, a U.S. federal judge dismissed a proposed class action lawsuit brought against JetBlue Airways (“JetBlue”) in which the plaintiff alleged that the airline had illegally tracked users on its website.  The plaintiff in the case, a customer of JetBlue, alleged that the airline tracked her keystrokes and mouse movements while she browsed the JetBlue website to search for prices for airfare, in violation of the California Invasion of Privacy Act and her Constitutional right to privacy.  In response, JetBlue filed a motion to dismiss the case, alleging that the customer lacked standing based on the U.S. Constitution, and specifically because the customer could not show that that JetBlue had collected or recorded any personal information through her use of the website to search fares.  Ultimately the judge ruled in favor of JetBlue, finding that the customer lacked standing based on a failure to show that she had actually shared sensitive information with JetBlue that caused her to suffer harm.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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