Microsoft Denies Its Data-Collection Activities Are Illegal, Seeks Dismissal of Suit
Microsoft sought dismissal of a lawsuit alleging it improperly collects ad data in a way that mimics surveillance and can identify individual users. It argued Monday that plaintiffs in case 25-00570 -- individuals who used Microsoft to access various websites -- were attempting to "stretch common-law privacy and wiretap laws beyond their intended scope.”
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The class-action lawsuit alleges that Microsoft installed tracking pixels, such as the Adnxs Pixel, on websites without the knowledge or consent of users. The plaintiffs claim the personally identifiable information the pixels collect helps Microsoft create user profiles (see 2504030021).
Microsoft denied the information it "allegedly collects" is associated with an individual's identity, adding that the complaint acknowledges that visitors didn't enter PII. “Moreover, Microsoft expressly requires its customers -- here, the websites Plaintiffs allegedly visited -- to comply with privacy laws,” it added.
Since “California law presumes that websites may track users for purposes of targeting ads,” the plaintiffs "cannot plausibly allege an expectation of privacy.”
Microsoft also said its privacy policy states that browsing information will be tracked and shared with third-party advertising partners, and that the plaintiffs failed to allege that the corporation intercepted any communications.
The case was filed in the U.S. District Court for Western Washington on April 1. It also includes wiretapping claims, counts of intrusion upon seclusion, violation of the California Invasion of Privacy Act and of the Electronic Communications Privacy Act.