The just-launched DMA Litigation Center (DMALC) has already scored a win! The Litigation Center was created to fight frivolous lawsuits threatening data-driven marketing.
The U.S. Court of Appeals for the Seventh Circuit yesterday accepted an amicus (“friend of the court”) brief filed by DMA in Harris v. comScore, Inc., a class action suit pending in federal court.
DMA was joined in filing by a host of other associations – including the U.S. Chamber of Commerce – who are vitally concerned that this frivolous lawsuit threatens to rewrite the rules of Internet commerce.
In its brief, DMA asks that the federal appellate court in Chicago overturn the lower court’s order certifying a class to pursue claims that comScore’s industry best-practice disclosures failed to advise users of the extent to which its software would collect and use information about the user’s Web activity.
“We are very pleased that the Court granted the DMA request over the objection of the plaintiff in the case,” said Jerry Cerasale, DMA senior vice president of government affairs. ” The appeal is not on the merits of the case (which has not gone to trial yet)—it involves the certification of a class for the purposes of a class action lawsuit. DMA was and is concerned that the Federal District Court incorrectly granted class status to the plaintiff and that incorrect action could become a dangerous precedent. DMA is asking the Circuit Court to overturn the certification of the class in this case.”
What’s next for the DMA Litigation Center?
DMA will be tackling next the thorny legal issue of patent trolls. Many DMA members have complained that they have been subject to abusive litigation threats by holders of questionable software patents. DMA is actively engaged with a coalition seeking to protect members from those abusive lawsuits while protecting the legitimate rights of patent holders.