Dow Jones Hits Back at WSJ Consumer Tracking Class Action Lawsuit

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Dow Jones has hit back at a woman who filed a WSJ consumer tracking class action lawsuit, alleging that her complaint failed to meet the standards required for a violation of the Video Privacy Protection Act.

Plaintiff Terry Locklear alleges in the Dow Jones WSJ privacy class action lawsuit that she used a Roku streaming video player and that the news organization transmitted her personal identifying information to a marketing company mDialog, without her consent, especially the serial number of the device. The VPPA, which was enacted soon after Supreme Court nominee Robert Bork’s video store records were published in 1988, covers providers of “audio visual materials.” Locklear’s WSJ privacy class action lawsuit alleges the VPPA provisions should include streaming video because Congress generally does not restrict statutory rights based on advancements in technology.

Dow Jones did not focus on the point, but rather the concept of personal identifying information, in its May 12 motion to dismiss the WSJ class action lawsuit. They argue that the class action lawsuit should fail because Locklear “does not allege Dow Jones or mDialog even knows her name or identity” or that they could even if they wanted to. Instead, the class action allegedly only notes that the possibility exists.

The motion also cites a ruling regarding the similar streaming video service Hulu where the court held that the “disclosure of ‘a unique identifier – without more’ does not violate the VPPA.” [See “Judge Trims Hulu Privacy Class Action Lawsuit.”] There has to be a clear line of action between the use of that identifier and the serial number and other personal identifying information such as a name or other important information, according to the motion.

When motions like this occur, a federal judge has to address both the recent precedent as well as the understanding of a decades-old statute as it relates to marketing activities by companies like mDialog. Even if the Dow Jones motion to dismiss the WSJ privacy class action lawsuit is granted in part, Locklear and her class action attorney will likely be given leave to amend, particularly if the judge deems that they need to draw a more specific relationship between the serial number of her Roku player and any other information the companies may have regarding her.

Locklear is represented by class action attorney Jennifer Auer Jordan of Jordan Law Firm LLC.

The WSJ Consumer Tracking Class Action Lawsuit is Terry Locklear v. Dow Jones & Co. Inc., Case No. 14-cv-00744, in the U.S. District Court for the Northern District of Georgia.