Plaintiff Lacks Article III Standing, Says Kochava’s Motion to Dismiss

Kochava seeks an order from the U.S. District Court for Idaho in Coeur D’Alene dismissing plaintiff Cindy Murphy’s privacy claims with prejudice in their entirety, said its motion Friday (docket 2:23-cv-00058). Murphy lacks standing “to prosecute this action,” and her complaint “fails to state a claim as a matter of law,” it said. Murphy’s Feb. 1 class action alleges Kochava violates consumer protection laws by acquiring consumers' precise geolocation data and selling it in a format that allows entities to track the consumers' movements to and from “sensitive locations” (see 2302030001). Her complaint bears strong similarities to the FTC’s Aug. 29 lawsuit in which the agency seeks a permanent injunction enjoining Kochava from acquiring the data (see 2212050061). Murphy lacks Article III standing because she can’t show she suffered an injury in fact that's “fairly traceable” to Kochava’s conduct and will be “redressed” by a decision favorable to her, said Kochava’s memorandum in support of its motion.