Source: Google Images/zacharyfruhling.com

I published a post on March 10, 2021 on data mining and our loss of privacy in this digital world. In that post, I mentioned a lawsuit filed by attorney Matthew Sandofsky against the mega-giant Google. In January of 2021, Matthew filed the lawsuit claiming that Google and similar companies “violate the Fair Credit Reporting Act (FCRA) because employers and landlords can use the search engine to learn about a potential employee or tenant.” In the post, I wrote:

“I don’t know if his lawsuit has any teeth but I’m very curious what the District Court will decide. “

Toothless After All

Turns out the lawsuit didn’t have any teeth. On Tuesday, July 13, 2021 in the U.S. District Court of Massachusetts (Boston), the case was dismissed:

“Sandofsky v. Google LLC, Civil Action No. 21-10052-FDS, 5 (D. Mass. Jul. 13, 2021) (“The complaint does not contain sufficient allegations of a FCRA violation to survive a motion to dismiss. Crucially, it contains no information providing a plausible basis that Google actually is a consumer reporting agency. Instead, it merely asserts, in conclusory terms, that “[i]n as much as [Google] returns search results on consumers not generally the subject of publicity, [Google] is a credit reporting agency under [the] FCRA.” (Am. Compl. ¶ 9). It therefore does not plead sufficient “factual content” for the FCRA claim to be plausible on its face. See Iqbal, 556 U.S. at 678. Rather, it “merely recite[s] the language of the [FCRA] in an attempt to come within the confines of the FCRA, or stretch the statutory language beyond its intended purpose,” and therefore must be dismissed. In re Sony Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942, 1011 (S.D. Cal. 2014).”)”

(for full reading of the dismissal, click here)

Too bad. I was kind of rooting for the guy – hoping David would once again beat Goliath.

But Matthew aint givin’ up.

Takin’ One More Shot

He filed an appeal on August 23, 2021. Having read most of the dismissal, I’m not sure he’s got any chance of righting this perceived wrong. Sure, it’d be great to bring a Goliath like Google to its knees for some long-needed reckoning. I’m not hopeful it will happen any time soon. Can’t blame the guy for trying, though. Maybe the negative press will lead to something better down the road.

Sometimes all it takes is one unlikely hero…

“Sandofsky v. Google LLC, Civil Action No. 21-10052-FDS, 6-7 (D. Mass. Jul. 13, 2021) (“In any event, the complaint does not sufficiently allege that Google provides the information “for the purpose of furnishing consumer reports to third parties.” 15 U.S.C. § 1681a(f). While it does not appear that the First Circuit has addressed the question, at least three other Courts of Appeals have concluded that the FCRA mandates that an entity must have the specific intent that the information it furnishes be a consumer report in order to qualify as a consumer reporting agency.”)”

“Sandofsky v. Google LLC, Civil Action No. 21-10052-FDS, 8 (D. Mass. Jul. 13, 2021) (“There is no allegation that the “employers, landlords[,] and others” who allegedly obtain consumer information from searches are charged a fee for obtaining that information. Simply making money—from advertisers or other sources—is not enough.”

“Accordingly, defendant’s motion to dismiss the FCRA claim will be granted.”)”

#Google #lawsuits #USdistrictcourts #Massachusetts #Boston #FCRA #saturdaystories #thedigitallife #datamining #consumerreports