People ex rel. Harris v. Delta, 247 Cal. App. 4th 884 (Cal. Ct. App., 1st Dist. 2016)
A California court held that the federal Airline Deregulation Act of 1978 preempts California's Online Privacy Protection Act (OPPA), and dismissed claims that Delta's Fly Delta mobile app violates the state statute. The Delta app allegedly allowed customers to send and receive information over the internet, collecting certain personally identifiable information without posting a readily accessible privacy policy concerning that collection as required under the California state statute. In finding preemption, the court held that "[i]f each State were to require Delta to comply with its own version of the OPPA, it would force Delta to design different mobile applications to meet the requirements of each state." Such a result "might well make it impossible for an airline to use a mobile application as a marketing mechanism at all." View the decision.
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