Facebook Message-Scanning Class Certified For Declaratory, Injunctive Relief

(May 25, 2016, 12:39 PM EDT) -- OAKLAND, Calif. — A California federal judge on May 18 found that putative class claims against Facebook Inc. under the Electronic Communications Privacy Act (ECPA) and California’s Invasion of Privacy Act (CIPA) could not be certified per Federal Rule of Civil Procedure 23(b)(3) because statutory damages would require questions about individual class members. However, the judge alternatively granted certification per Rule 23(b)(2), under which the plaintiffs seek declaratory and injunctive, rather than monetary, relief (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2016...
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