Privacy Case vs. JetBlue Is Dismissed for Lack of Subject-Matter Jurisdiction

U.S. District Court Judge Marilyn Huff granted JetBlue’s motion to dismiss a privacy lawsuit for lack of subject-matter jurisdiction, said her Monday order (docket 3:23-cv-00361) in U.S. District Court for Southern California in San Diego. Last month, Huff continued the hearing on the airline’s motion to dismiss the privacy complaint to June 26 (see 2305250064). "Plaintiff has failed to adequately allege that she suffered a concrete harm, and, therefore, Plaintiff has failed to satisfy the injury in fact element for Article III standing," said the judge. Plaintiff Anne Lightoller alleged JetBlue used session replay code from FullStory to record her mouse movements, clicks and keystrokes on its website, in violation of the California Invasion of Privacy Act (CIPA). Lightoller’s February complaint against JetBlue was one of 17 CIPA suits filed by her Hausfeld counsel in the previous seven months, “each pleading near verbatim identical facts based on various website operators’ alleged collection of innocuous data plaintiffs voluntarily provided online,” said JetBlue’s May 23 reply in support of its motion to dismiss. Lightoller voluntarily dismissed a similar complaint against Cheesecake Factory last month (see 2305110031).