Blog Post

Jun 17, 2013

Seventh Circuit Allows a Worldwide Privacy Class Containing Tens of Millions of Plaintiffs to Proceed to Trial as a Class Action

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On Tuesday, June 11, 2013, the Seventh Circuit denied comScore’s appeal from the district court’s ruling granting class certification, thereby allowing a class of tens of millions of plaintiffs from around the world to proceed to trial as a class action suit.  In re comScore, Inc., No. 13-8007 (7th Cir. June 11, 2013).

ComScore is an internet research company that monitors the usage of consumers who install comScore’s software and sells the data its collects to its clients who in turn use the data for marketing research and analysis of online behavior. To induce consumers to install its software, comScore bundles the software with free programs such as screensavers and games. Upon downloading the free programs, consumers are simultaneously prompted to download the monitoring software.  During installation of the software, consumers are presented with a Downloading Statement and a link to the User License Agreement which contains terms governing which information the software will collect from users’ computers and how that information will be used. 

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