In re Linkedin User Privacy Litigation

309 F.R.D. 573, 2015 U.S. Dist. LEXIS 123130, 2015 WL 5440975
CourtDistrict Court, N.D. California
DecidedSeptember 15, 2015
DocketCase No. 5:12-cv-03088-EJD
StatusPublished
Cited by60 cases

This text of 309 F.R.D. 573 (In re Linkedin User Privacy Litigation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Linkedin User Privacy Litigation, 309 F.R.D. 573, 2015 U.S. Dist. LEXIS 123130, 2015 WL 5440975 (N.D. Cal. 2015).

Opinion

[580]*580ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; GRANTING MOTION FOR ATTORNEY FEES, COSTS AND INCENTIVE AWARD

Re: Dkt. Nos. 141, 145

EDWARD J. DAVILA, United States District Judge

The instant case is a putative class action suit brought by Representative Plaintiff Kha-lilah Wright (“Plaintiff’ or “Wright”) against Linkedln Corporation (“Defendant” or “Linkedln”). Presently before the Court is the Motion for Final Approval of Class Action Settlement and Award of Attorneys’ Fees (“Final Approval Motion”). See Dkt. Nos. 141,145.

Federal jurisdiction arises pursuant to 28 U.S.C. § 1331. Having carefully reviewed the Settlement Agreement and parties’ and objectors’ arguments and papers, the Court has determined the motions should be granted in part and denied in part for the reasons explained below.

I. BACKGROUND

A. Factual and Procedural Background

Linkedln owns and operates www.Linked In.com, a “Professional Network” serving 200 million users. See Dkt. No. 78 ¶2. When purchasing a premium account ($19.95-$499.95 per month), consumers are purported to receive a bundle of Premium Services, including Linkedlris social and professional networking services and industry standard data privacy and security services as set forth in Linkedlris Privacy Policy. See id. ¶¶4-6. Linkedln promises industry-standard technologies and procedures, including protection of Premium Subscribers’ personal information. See id. ¶¶ 28. Thus, reasonable consumers expect industry-standard data and information security practices when creating an account and submitting personal and financial information. See id. ¶ 29. However, Linkedlris data security measures had been outdated since at least 2006: Link-edln did not use “salting” to encrypt its [581]*581users’ passwords, and used an extremely outdated “hashing” algorithm. See id. ¶¶ 41-45. On June 6, 2012, approximately 6.4 million Linkedln member passwords were stolen. See id. ¶37. Linkedln was not aware its systems were hacked until the users’ information was posted online. Id. ¶ 38.

Consumers value security and are willing to pay a premium for stronger privacy protections, but expect increased data security and privacy in return. See id. ¶¶ 56-58. Plaintiffs allege Linkedln’s Privacy Policy misrepresented its security protocols, describing “industry-standard security protocols” in its membership agreement. See id. ¶¶ 24, 29. They bring a novel “overpayment” theory of damages, alleging that they did not get the value of services they paid for. See id. ¶¶ 62, 64. Plaintiff alleges that had Link-edln adequately represented its security protocols, users would have attempted to purchase a premium subscription at a lower price or not at all. See id. ¶¶ 64-65, 76.

On June 15, 2012, Katie Szpyrka initiated an action in this court. Dkt. No. 1. On August 29, 2012, the Court consolidated this case with three similar suits, granted Plaintiffs leave to file an Amended and Consolidated Class Complaint, and appointed Jay Edelson of Edelson McGuire, LLC as Interim Lead Class Counsel. See Dkt. No. 40.

On November 26, 2012, in response to Linkedln’s motion, Plaintiffs filed an Amended Consolidated Complaint adding Khalilah Wright as a plaintiff and bringing claims on behalf of two classes: (1) individuals and entities that paid Linkedln a monthly fee for a premium account, and (2) individuals whose personal information was compromised as a result of the data breach. See Dkt. No. 54 ¶ 54. On December 20, 2012, Defendant filed a motion to dismiss the Amended Consolidated Complaint arguing that Plaintiffs lacked standing to pursue their claims, which, after full briefing and oral argument, the Court granted on March 5, 2013 with leave to re-plead. See Dkt. Nos. 59-61, 64, 67, 69-70.

On April 30, 2013, Plaintiff Wright filed a Second Amended Consolidated Class Action Complaint (“SAC”). Dkt. 78. The SAC pleaded three causes of action — one under each of the “fraud” and “unfair” prongs of the UCL, and one claim for breach of contract based on Linkedln’s statements regarding data security standards in its Privacy Policy. See id. ¶¶ 70-76. On June 13, 2013, Defendant moved to dismiss the SAC, arguing that Plaintiff lacked Article III standing, and that she failed to state a claim for relief for each of her causes of action. Dkt. No. 81. On March 28,2014, the Court granted in part and denied in part Linkedln’s Motion to Dismiss after another round of complete briefing and oral argument. Dkt. Nos. 81-84, 87, 89, 94, 97-98, 100. On April 11, 2014, Linkedln answered the SAC. Dkt. No. 101.

On January 29, 2015, the Court granted the parties motion for preliminary approval of the settlement. See Dkt. No. 136. These motions were filed upon completion of the notice plan. The Court also received six •written objections to the settlement from Ronald Haire, Tom Lasken, Mark Firmani, David Ferreira, Erie Melin and Matthew Fonk. Dkt. Nos. 137-140,142,144. A hearing addressing final approval was held on June 18, 2015.

B. The Settlement Agreement

After a mediation overseen by mediator John Bates of JAMS, the parties reached a proposed settlement agreement executed on August 14, 2014. See Dkt. No. 145, Exh 1 (“Settlement Agreement”). The key terms of the Settlement Agreement are briefly summarized as follows:

i. Class Definition

The Class is defined as: “All persons in the United States who paid a fee to Linkedln for a premium subscription at any time between March 15, 2006 and June 7, 2012.” The Settlement Class excludes any class members who have submitted a timely and valid request for exclusion. The size of the class amounts to approximately 800,000 individuals. See Settlement Agreement §§ 1.31-1.32.

ii. Settlement Fund

Linkedln has agreed to pay a total amount of $1,250,000 into a settlement fund. Id. § 1.32. The Fund will be used for payments to Class Settlement Members (approved [582]*582claims and cy pres reversions), all settlement administration expenses, attorney’s fees and the incentive award to Plaintiff. Id. Any funds that may remain after payment will not revert to Linkedln. See Dkt. No. 145 (“Motion for Settlement”) at § 2(B).

iii. Settlement Administration Expenses

Plaintiff has calculated these notice and settlement administration costs to be $140,000, a $40,000 decrease from the amount contemplated in the Settlement Agreement, to be added to Plaintiffs refunds. See id. § 3.

iv. Monetary Relief

Each member of the Settlement Class who has submitted a valid claim form will receive a pro rata share of the Settlement Fund following payment of notice and administrative costs, attorney’s fees and the incentive award. Id § 2. Class counsel estimates that $700, 891.33 remain in the Settlement Fund to pay member claims; the 47, 3336 valid claims received by the deadline indicate each claimant will receive about $14.81. Id The Settlement Administrator shall distribute funds to all Settlement Class Members with approved claims within fifty-six (56) days of the Final Settlement Date.

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309 F.R.D. 573, 2015 U.S. Dist. LEXIS 123130, 2015 WL 5440975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-linkedin-user-privacy-litigation-cand-2015.