X-Box Live Privacy|Class Action Thrown Out

SEATTLE (CN) – Microsoft need not face a class action alleging X-Box Live privacy violations, a federal judge ruled, finding that plaintiffs failed to show specific injuries.
     U.S. District Judge Marsha Pechman tossed the suit Thursday, saying the plaintiffs lacked standing and largely based their allegations on “conjecture” about Microsoft’s privacy policies.
     “Plaintiffs do not allege a single fact to support their allegation that Microsoft allegedly retained and disclosed personally identifiable information,” the eight-page decision states. “Absent is any allegation as to who Microsoft disclosed this information to, when the disclosures occurred, and how they occurred, let alone that these acts particularly injured the named plaintiffs.”
     Lead plaintiff Manuel Mendoza and five other named plaintiffs brought the suit on behalf of all former X-Box live subscribers in 2013. They claimed Microsoft violated the Video Privacy Protection Act, California Customer Records Act, California Unfair Competition Act and Texas Deceptive Trade Practices Act by disclosing their personal information to data mining companies.
     Microsoft removed the case from the Western District of Texas to the Western District of Washington before it moved to dismiss.
     Pechman’s ruling dismisses the case for failing to satisfy Article III’s Injury-in-fact requirements.

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