By Ross Todd, From The Recorder
SAN FRANCISCO — Attorneys at Edelson on Thursday dropped a proposed class action alleging that Twitter Inc. violates a federal wiretapping law through its handling of direct messages between users.
Edelson’s Alexander Nguyen filed suit in September on behalf of a Texas man claiming that Twitter reads the contents of direct messages without user consent. The suit sought damages under the Electronic Communications Privacy Act and the California Invasion of Privacy Act, which both carry statutory penalties of thousands of dollars per class member.
In court papers filed Thursday evening, Nguyen indicated that the suit was being dropped voluntarily after the deposition of an unnamed Twitter official on Jan. 6. “Based on the information obtained in discovery, including by way of the deposition referenced above, plaintiff has decided to no longer pursue his claims in this action,” Nguyen wrote.
Twitter’s lawyers at Cooley had argued in court filings that the company had done nothing wrong and urged U.S. District Judge William Alsup to dismiss the case. “Twitter’s processing is entirely automated with no human review; applies without regard to the meaning of any message; and is done for legitimate business purposes that are critical to Twitter’s services,” wrote Cooley’s Michael Rhodes in a motion to dismiss the case filed in November.
“We’re pleased the case was voluntarily dismissed by the plaintiff without us paying anything or entering into a settlement,” a Twitter spokesman said in an emailed statement.
Edelson’s Nguyen declined to comment when reached by email Friday.
IMAGE: Twitter headquarters, located at 1355 Market St. Jason Doiy / The Recorder
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