In a
Massachusetts Lawyers Weekly article discussing the recent Superior Court ruling in
D’Antonio v. Tripadvisor, LLC, Colin Zick, partner and chair of the firm’s Privacy and Data Security Practice, commented on the implications of the ruling for companies relying on choice-of-law provisions to avoid liability under the California Invasion of Privacy Act.
Although plaintiff’s claims that Tripadvisor violated California’s strict anti-wiretapping law were dismissed, Zick found Superior Court Justice Christopher K. Barry-Smith's comments that Tripadvisor could have provided more prominent notice of its contract terms noteworthy. “Tripadvisor survived, but it just did not have to be that close,” he said. “[Those] advising on privacy compliance should treat this as a warning that if you’re going to rely on your terms of use as a shield against privacy claims, you need to make sure the user’s path to agreeing to these terms is tight.”
Read the full article here.
