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Amazon Wins Motion to Dismiss Prime Video Privacy Suit
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Amazon Wins Motion to Dismiss Prime Video Privacy Suit
Sep 6, 2024 12:33 PM

02:20 PM EDT, 09/04/2024 (MT Newswires) -- A federal judge on Tuesday granted Amazon.com's ( AMZN ) motion to dismiss a proposed class action lawsuit accusing its affiliate of disclosing the video-viewing histories of Prime Video users without their consent in violation of federal and state privacy laws.

The plaintiffs alleged that Amazon.com Services "maintains a virtual 'warehouse' of data that it collects from [Prime Video users] who are unable to opt-out" and that it shares that information with Amazon.com ( AMZN ) and "non-Amazon ( AMZN ) affiliated third parties" in violation of the federal Privacy Protection Act and the Washington Consumer Protection Act.

Judge James Robart of the US District Court for the Western District of Washington said that Amazon ( AMZN ) is correct in its argument that the plaintiffs allege the mere possibility that information could be disclosed to affiliates, rather than that Amazon Services had made such disclosures.

"Although the act of disclosure suggests access, however, the opposite is not true," Robart said in his decision. "That Amazon Services allegedly provides access to Plaintiffs' [personal identifiable information] does not plausibly suggest that Amazon Services has taken the affirmative act of disclosing that data to Amazon.com, Inc. ( AMZN ) or that Amazon.com, Inc. ( AMZN ) has actually received that data."

Robart also agreed with Amazon ( AMZN ) that the plaintiffs did not plausibly allege that Amazon Services disclosed personal identifiable information or PII to unaffiliated third parties.

With respect to the CPA claim, the judge dismissed it on the grounds that the plaintiffs' complaint makes clear that the case is about Amazon's ( AMZN ) alleged disclosure of PII to Amazon ( AMZN ) affiliates and third parties rather than its failure to protect the plaintiffs' information from hackers.

Robart also denied the plaintiffs' request to add a claim for invasion of privacy because "such a claim would be futile."

The plaintiffs can file their amended complaint by no later than Sept. 20.

Neither Amazon ( AMZN ) nor attorneys representing the plaintiffs immediately replied to requests for comment from MT Newswires.

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