Jan 20, 2022

District Court Stays Consumers’ Case in Face of Two Appeals


“On Wednesday, the judge overseeing the right to publicity suit against paused proceedings until the Ninth Circuit Court of Appeals issues a decision deciding the fate of a similar suit against Ancestry. Judge Gloria M. Navarro opined that although the appellate tribunal’s decision will not be dispositive, its ruling will be instructive as to whether the plaintiffs have constitutional standing and the viability of Ancestry’s Communications Decency Act (CDA) Section 230 defense.

“The online genealogy company constructs a database from personal information scraped from school yearbooks, that is then compiled into digital records that correspond to and identify individuals, the lawsuit says. In 2020, Nevada consumers sued Ancestry for using their names and likenesses for commercial purposes without their consent.”

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