On February 15, 2024, WLF urged the Ninth Circuit to affirm a trial court’s rejection of a privacy suit because all plaintiffs consented to the receipt and use of their browsing data. In an amicus brief asking the Ninth Circuit to affirm summary judgment for Google, WLF argued that allowing plaintiffs to impose liability on Google for data retention practices to which they’ve knowingly consented would invite disastrous, unintended consequences. Plaintiffs’ position, if adopted, would create runaway liability risks for virtually any data disclosure. If internet-based companies face an onslaught of spurious privacy litigation, they may have to stop offering innovative products and services to avoid liability exposure. In such a litigious climate, companies seeking to avoid liability would doubtless resort to overdisclosure, which imposes unnecessary costs and burdens on businesses and consumers alike.
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