Kellman

Kellman v. Spokeo, Inc.

Good Law
United States District Court, Northern District of CaliforniaApril 19, 20223:21-cv-08976California9,753 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AVIVA KELLMAN, et al., Case No. 3:21-cv-08976-WHO

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS

SPOKEO, INC., Re: Dkt. Nos. 23, 24 Defendant.

12 INTRODUCTION Defendant Spokeo, Inc. (“Spokeo”) runs a website that provides information about particular individuals aggregated from various sources. To advertise paid subscriptions to the site, Spokeo uses “teasers”—profiles of real people with some information redacted. The plaintiffs in this putative class action claim that, when Spokeo used teasers of them, it violated their rights of publicity and appropriated their names and likenesses in violation of California, Ohio, and Indiana law. Spokeo moves to dismiss on numerous grounds; its motion is denied. District courts have come out on both sides of many of the issues here, but I conclude that the plaintiffs’ claims are actionable. The plaintiffs have Article III standing to sue for…

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