January 13, 2021

On January 13, 2021, Judge David O. Carter of the US District Court for the Central District of California granted Marriott International Inc.’s motion to dismiss a putative class action arising from a data breach incident disclosed in March 2020. In his order, Judge Carter dismissed all six of the plaintiff’s claims, which included asserted violations of California’s unfair competition law and the California Consumer Privacy Act (CCPA). Following an investigation, Marriot confirmed that no sensitive information, such as social security numbers, credit card information, or passwords was compromised. In his order, Judge Carter noted that “without a breach of this type of sensitive information, Plaintiff has not suffered an injury in fact and cannot meet the constitutional requirements of standing.”

The decision puts to rest this class action litigation without the need for Marriott to participate in any discovery and avoids prolonged litigation for the company arising from this data incident. It also sets an important precedent for standing-based dismissals under the CCPA, which had only been in effect for one year when the decision was issued, and should shape the law going forward under the California Privacy Rights Act.

Lindsay C. Harrison led the Jenner & Block team that also included Partners Laura E.B. Hulce, Paul B. Rietema, Zachary C. Schauf, and Todd C. Toral; Associates Brenna J. Field, Claire M. Lally, and former Associate Fares Akremi; Paralegal Tyler Stilley; and Legal Assistant LaJuan Singleton.