SAN JOSE, Calif., Sept. 18 — A just-filed nationwide class action lawsuit challenges LinkedIn’s disturbing practice of accessing users’ third-party email accounts (e.g., Google’s Gmail, Yahoo! Mail) without users’ consent, harvesting email addresses that appear in the account, and sending multiple reminder emails ostensibly on behalf of the user advertising LinkedIn to non-members. The class action lawsuit charges LinkedIn with violations of federal and state law.
“The law recognizes this type of repeated emailing – using members names, to advertise LinkedIn’s service, without consent – is unacceptable. Through this class action, LinkedIn’s members can band together and compel LinkedIn’s compliance with the law.” Plaintiffs’ counsel Larry Russ.
Contrary to reassurances on LinkedIn’s website that it will not send emails “without your permission,” LinkedIn promotes its service by downloading email addresses from members’ external email accounts and repeatedly emailing the addresses requesting they join LinkedIn, if they are not a member. “These advertising emails give the impression that the member is endorsing LinkedIn,” stated Larry Russ.
“LinkedIn is growing its network by having members endorse LinkedIn multiple times without consent. LinkedIn generates multiple millions in revenue from new members by selling services directly attributable to its membership size.” Plaintiffs’ counsel Larry Russ.
LinkedIn admits in Securities and Exchange Commission filings “In order to grow our business, we must continually attract new customers.” LinkedIn points to its new “growth optimization efforts” as accounting for LinkedIn’s rapid member base growth.
The lawsuit alleges LinkedIn’s viral marketing practices violate California’s Common Law Right of Publicity, the Electronic Communications Privacy Act, the Stored Communications Act, California’s Comprehensive Data Access and Fraud Act, California’s Invasion of Privacy Act, and the California Consumer Remedies Act.
Larry Russ, Dorian Berger, and Daniel Hipskind of Russ August & Kabat are counsel for the Plaintiffs.
Contact Russ August & Kabat
Russ August & Kabat, a leading Los Angeles-based law firm with an impressive litigation track record against the country’s leading technology companies. www.raklaw.com.
If you believe that LinkedIn accessed your external email account and sent messages to addresses stored in that account, without your consent, please contact us to submit your complaint at www.linkedinclassaction.com. The information you provide will assist in making LinkedIn comply with the law.
There is no charge or obligation for our review of your complaint. The nationwide class action, Perkins et al. v. LinkedIn Corporation, Case No. 13-cv-04303-HRL was filed in San Jose Federal Court in the Northern District of California.
Notice
The class action lawsuit seeks monetary relief for LinkedIn members affected by LinkedIn’s allegedly illegal marketing tactics, and injunctive relief to prevent the continued use of these tactics.