Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit

On November 9, 2018, U.S. District Judge Esther Salas of the District of New Jersey ordered the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. Allen’s complaint alleged that NaviStone provided Quicken Loans with a JavaScript code that violated federal wiretapping laws and state privacy law. After a careful review of the applicable legal standards, the Court agreed with the arguments made by Bertoni for NaviStone that, even assuming the truth of the alleged facts—strongly disputed by NaviStone and Quicken Loans—Allen had failed to state a claim upon which relief could be granted under any of his legal theories, and so dismissed the complaint. The case is Allen v. Quicken Loans Inc. et al., Civil Action No. 2:17–12352 (ES) (MAH).

This is the second time this year that B&I has obtained dismissal of putative class actions asserted against NaviStone, an online marketing company with a strong commitment to consumer privacy.