On December 24, 2024, Judge Stanley Blumenfeld of the Central District of California granted summary judgment in favor of Wilson Sonsini's clients, TikTok Inc. and ByteDance Inc. The lawsuit, originally filed in May 2023, concerned allegations of illegal data collection by online advertisers using the Pixel, a web tool advertisers can install on web pages to collect certain browsing information. Such data, when matched to TikTok users, can be used to improve ad performance. The plaintiffs, three individuals who had never had TikTok accounts, claimed that TikTok violated their privacy, intercepted and eavesdropped on their communications with websites under the California Invasion of Privacy Act and the Electronic Communications Privacy Act, and stole their property.
The litigation was hard-fought. The plaintiffs sought extensive discovery and repeatedly moved for sanctions despite the defendants' compliance with all court orders. After two rounds of motions to dismiss, which led to the dismissal of several claims, the plaintiffs sought to certify a class of all non-TikTok users in the United States. On September 9, 2024, Judge Blumenfeld denied class certification, finding that the plaintiffs had not demonstrated they were typical internet users, nor had they shown predominance due to the variations in the types of data collected, the websites people visited, and whether any data was disclosed to TikTok. Judge Blumenfeld also rejected the plaintiffs' second attempt to certify a class shortly thereafter.
Undeterred, the plaintiffs forged ahead in their individual capacities, prompting the defendants to move for summary judgment. In an order favoring the defendants on all claims, Judge Blumenfeld concluded that the plaintiffs had failed to provide evidence that any private data had been taken, that the contents of their communications had been intercepted, or that the data TikTok had received held any property value.
The team included Victor Jih, Luis Li, Dylan Savage, Sheryl Shapiro Bassin, Mark Yohalem, Kelly Yin, Caitlin McKelvie, Eric Kohan, Chris Hurley, Josh Craddock, Raef Rothschild, Kevin Lowe, Ben Hewitt, John Overing, Morgan Williams, Kazuko Shintani, Stacy Love, Hilda Vecino, and Alexandra Bautista. Additional contributions to the success of this case were made by Joseph Young and Larissa Lee, the team at the Office of the Clerk, particularly Yu-Shan Sheard, as well as Lexi Trombettas, Kylie Kovach, Kelsey Sutton, Jacob Greenstein, Melisa Desperak, Jocelyn Rodriguez, Candida Malferrari, Sissel Browder, Mariana McNamara, Ruben Ceja, Jane Chen, Rui Ke, Angelina He, and Qifan Huang.