Firm turns back Yelp’s attempt to dismiss privacy invasion claim
September 9, 2016 – Federal district court judge Jon S. Tigar issued a 21-page order today denying Yelp’s motion for summary judgment in the firm’s wide-ranging class action challenging the conduct by Yelp, Apple and various developers of applications for Apple devices over the surreptitious and improper upload of address book data from consumers’ iDevices. Judge Tigar rejected Yelp’s argument that class members gave consent to their address book data being accessed and uploaded as a matter of law, agreeing with the firm that there was a material factual dispute as to whether Yelp got effective consent to upload users’ address book data to its servers. Judge Tigar also agreed that the evidence the firm adduced in opposition to Yelp’s motion presented a triable issue of fact both as to whether users of Yelp’s “Find Friends” function had an objectively reasonable expectation that their address book data would remain on their phone and whether Yelp’s unauthorized uploading of contacts was highly offensive to a reasonable person. Judge Tigar’s decision sets the stage for a trial on the merits of these and other similar class claims against Apple and the rest of the app developer defendants. The court has set a further case management conference in the matter for Sept. 22nd. Plaintiffs’ omnibus motion for class certification against Apple and five of the remaining app developer defendants is pending; the court previously certified one such class against Apple and app developer Path in July.