Class Action Lawsuit Filed Against Myspace for Alleged Sharing of User Data

A class action complaint was recently filed against Myspace Inc., alleging that Myspace transmitted data that is used to identify Myspace members to advertising networks without the members' consent. Myspace assigns each member a unique ID number that is associated with their profile page. The plaintiffs allege that Myspace allows this user ID to be displayed together with tracking cookies revealing the user's browsing history when a Myspace user clicks on an advertisement. The complaint asserts that this practice allows ad networks to connect Myspace members that were previously known only by their IP address to their name and other personal information contained in their Myspace profile. The plaintiffs further allege that Myspace's privacy policy fails to inform members that it provides such data to advertisers and misleads users with respect to the privacy protections Myspace provides.

TIP:  When engaging in online behavioral advertising or other tracking for marketing purposes, take care to ensure that your practices are clearly disclosed in a privacy policy that is easy to understand. In addition, be sure not to over promise in your privacy policy; your policy should state your actual practices, not your aspirations.