Oracle class action over data privacy trimmed but to proceed

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Update:

• A California federal judge, while dismissing three claims and trimming a fourth without prejudice, found the plaintiffs still have standing to bring a complaint against database management company Oracle America Inc.
• The plaintiffs claim in a putative class action lawsuit filed in August that Oracle violated privacy and federal wiretap laws by illegally gathering and selling users’ personal information.
• On April 6, U.S. District Judge Richard Seeborg found the complaint light on specific allegations that the three named plaintiffs suffered harm.
• The lawsuit alleged Oracle created digital “dossiers” on millions of people worldwide and made $42.4 billion in annual revenue selling the personal information of anyone who uses the internet for everyday activities to private and governmental entities, according to court documents.

Oracle class action overview:

• Who: Three plaintiffs filed a class action lawsuit against Oracle.
• Why: They allege Oracle illegally sells users’ personal information.
• Where: The Oracle class action lawsuit was filed in California federal court.

(Aug. 26, 2022)

Oracle America Inc. was hit with a class action lawsuit alleging it sells users’ personal information to third parties without their consent in violation of privacy and federal wiretap laws.

Three privacy rights advocates filed the class action, alleging the massive data broker compiled digital “dossiers” on millions of internet users around the world and reaped more than $42 billion in revenue by selling their personal information.

Oracle class action says data can be used to identify individuals

Oracle allegedly utilizes cookies, cross-device tracking, device identification, JavaScript and tracking pixels to track and collect users’ personal data, according to the lawsuit.

The company also uses AddThis, software that allows users to bookmark or share links to social media, and Datalogix, an information broker that profiles shoppers by aggregating data from companies’ loyalty programs, the Oracle class action alleges.

The information allegedly collected and sold by Oracle includes addresses, political views, race, retail purchases and locations. Oracle reportedly developed the “Oracle ID Graph” using vast troves of user data that can be used to identify individual internet users, which is available for sale to private and governmental entities, the lawsuit states.

“This process provides Oracle with a virtual panopticon: Oracle purports to have vision on virtually everything ascertainable in electronic form about Class members, from where they live, to the media they consume, to the things they buy, to the views they hold,” the Oracle class action lawsuit alleges.

The plaintiffs allege Oracle collects this highly personal information on internet users without their knowledge or consent. Although Oracle has created privacy policies, they do not adequately inform internet users about how it collects and uses their personal information, the Oracle class action lawsuit says.

The plaintiffs seek to certify a worldwide class of internet users whose data was used to create digital profiles through the data marketplace or Oracle ID Graph and sold to third parties. The plaintiffs also seek to certify subclasses of United States and California internet users.

Last year, an Oracle pay bias class action lawsuit survived the company’s dismissal bid, allowing claims on behalf of 3,000 allegedly underpaid female employees to proceed. The case is currently on hold while the disbanded class appeals. 

What do you think about the class action lawsuit? Tell us your thoughts in the comments!

The plaintiffs are represented by Michael W. Sobol, David T Rudolph and Jallé H. Dafa of Lieff Cabraser Heimann & Bernstein LLP.

The Oracle class action lawsuit is Michael Katz-Lacabe, et al. v. Oracle America Inc., Case No. 3:22-cv-04792, in the U.S. District Court for the Northern District of California, San Francisco Division. 

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