Out-of-state residents may sue under a Michigan privacy law, according to one district court decision. In Lin v. Crain Communications Inc., the court held that the statute applies to nonresidents and concluded that the plaintiff had alleged an injury in fact sufficient to confer Article III standing. Practitioners may want to reconsider the wisdom of challenging a plaintiff’s Article III standing in similar complaints for statutory damages under state privacy protection laws, suggest ABA Section of Litigation leaders.
Publisher’s Sale of Personal Information Leads to Privacy Suit
The publisher moved to dismiss the lawsuit, arguing that the plaintiff lacked statutory standing because the PPPA statute does not apply to out-of-state residents. It also argued that the plaintiff had failed to allege an injury sufficient to confer Article III standing.
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