Citations
- 222 Cal. App. 4th 456
Full opinion text
Opinion
SUZUKAWA, J.
Plaintiff appeals from the judgment of dismissal entered after the trial court sustained defendant’s demurrer to causes of action for violations of Civil Code section 1798.83 et seq. (the shine the light law or STL law) and Business and Professions Code section 17200 et seq. (the unfair competition law or UCL). We agree with the trial court that plaintiff lacks standing to pursue causes of action under either statute, and thus we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
I. The Present Action
The STL law is a disclosure statute designed to “shine the light” on businesses’ information-sharing practices by requiring them to establish procedures by which customers can obtain information about those practices. (Miller v. Hearst Communications, Inc. (C.D.Cal., Aug. 3, 2012, No. CV 12-0733-GHK (PLAx)) 2012 WL 3205241, quoting Boorstein v. Men’s Journal LLC (C.D.Cal., June 14, 2012, No. CV 12-771 DSF (Ex)) 2012 WL 2152815.) The STL law requires businesses that share customers’ personal information with third parties for direct marketing to disclose, upon a customer’s request, the names and addresses of third parties who have received personal information and the categories of personal information revealed. (§ 1798.83, subd. (a).) The STL law also requires businesses to make their contact information available to customers in one of three statutorily prescribed ways, and it provides that businesses need not make the disclosures required by section 1798.83, subdivision (a), if they instead give customers the opportunity to opt in or opt out of the disclosure of their personal information. (§ 1798.83, subds. (b), (c).) Finally, the STL law provides for damages, civil penalties, injunctions, and attorney fees. (§ 1798.84.)
Plaintiff David Boorstein filed the present action on December 28, 2011, and filed the operative first amended complaint, asserting violations of the STL law and the UCL, on September 24, 2012. Plaintiff alleges that in or about 2005, he subscribed to cbssports.com, a Web site owned and operated by defendant CBS Interactive, Inc. (CBS), to compete in “fantasy” football, baseball, and basketball. When he did so, he provided personal information to CBS, including his name, e-mail address, date of birth, and ZIP Code. Plaintiff alleges that CBS shares users’ personal information, including that of the type he provided to CBS, with third parties for direct marketing purposes, and thus is required to comply with the STL law. CBS willfully violated the STL law by “failing to provide a link on its home page (www.cbssports.com) titled ‘Your Privacy Rights’; [f] failing to provide a link on its home page to a separate web page titled ‘Your Privacy Rights’; [