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A California court held that the federal Airline Deregulation Act of 1978 preempts California's Online Privacy Protection Act, and dismissed claims that Delta's Fly Delta mobile app violates the state statute.
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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