Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing

By Gregory P. Szewczyk, Philip N. Yannella, Scott S. Humphreys & Mo Pham-Khan on January 15, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott International, Inc.  The holding, which dismissed the claims for lack of standing, will likely play a role in a number of CCPA cases that have motions to dismiss pending.

The case stems from a cybersecurity breach announced by Marriott on March 31, 2020, in which two employees of a Marriott franchise in Russia allegedly accessed some personal information without authorization.  The class action was filed asserting claims for negligence, breach of express and implied contract, violation of California’s Unfair Competition Law, and violation of the CCPA.  However, at the time the class action was filed, Marriott’s investigation was still ongoing.

Marriott’s investigation concluded that the only personal information that had been accessed was the class members’ names, addresses, phone numbers, email addresses, genders, birth dates, and loyalty account numbers—it did not involve sensitive personal information such as social security numbers, credit card information, or passwords/access credentials.  Marriott moved to dismiss for lack of Article III standing, and the District Court granted the motion.

The District Court engaged in a fairly standard Article III standing analysis, starting with whether there was injury-in-fact.  The Court relied on established precedent that, for there to be a credible risk of injury sufficient for standing, the data at issue must have a certain level of sensitivity.  Because the investigation revealed that the data at issue was not sensitive in nature, the Court held that the plaintiffs could not establish standing.

The four-page opinion did not specifically address the CCPA claim.  If it had, it likely could have dismissed that claim on separate grounds at the data that had been accessed without authorization did not fall into the subset of information subject to the CCPA’s private right of action.  However, the Marriott case demonstrates that even if plaintiffs could successfully argue that the CCPA is ambiguous with respect to the scope of its private right of action, they would still face standing challenges for data breaches involving non-sensitive personal information.  As there are numerous CCPA cases with motions to dismiss pending, we expect to see additional case law emerging on this front.

Philip N. Yannella

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use…

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation’s Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

Email
Show more Show less
  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    CyberAdviser
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo