Sponsor Message:
Civil Aviation Forum
My Starred Topics | Profile | New Topic | Forum Index | Help | Search 
State Of California Sues Delta Air Lines  
User currently offlineGonzalo From Chile, joined Aug 2005, 1950 posts, RR: 2
Posted (1 year 4 months 1 week 5 days 20 hours ago) and read 13116 times:

The California State has filed a lawsuit against DL, saying the airline is in noncompliance with laws about online privacy...

The airline could face a payment of $ 2.500 for each violation !!

The information on the article is very limited, can someone elaborate a little more about this legal issue ??

It will be interesting to see this two giants fighting !!!



http://atwonline.com/international-a...air-lines-over-smartphone-app-1207

Rgds.
G.
Edit: typo

[Edited 2012-12-07 09:53:33]


80 Knots...V1...Rotate...Gear Up...DC-3 / EMB-110 / Fairchild-227 / Ab318-19-20 / B732 / B763
20 replies: All unread, jump to last
 
User currently offlinemayor From United States of America, joined Mar 2008, 9964 posts, RR: 14
Reply 1, posted (1 year 4 months 1 week 5 days 20 hours ago) and read 13018 times:

Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.


"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
User currently offlinewedgetail737 From United States of America, joined Aug 2003, 5830 posts, RR: 5
Reply 2, posted (1 year 4 months 1 week 5 days 20 hours ago) and read 13001 times:
Support Airliners.net - become a First Class Member!

The next thing CA will want is back-taxes for all those people that use to be CA residence.

User currently offlineHPRamper From United States of America, joined May 2005, 3965 posts, RR: 8
Reply 3, posted (1 year 4 months 1 week 5 days 20 hours ago) and read 12945 times:

Delta has a very well put together privacy policy. Apparently Delta believes their policy covers both internet and mobile app usage, while California's stance is that the privacy policy does not specify the mobile app.

User currently offlinetugger From United States of America, joined Apr 2006, 5251 posts, RR: 8
Reply 4, posted (1 year 4 months 1 week 5 days 20 hours ago) and read 12892 times:

Quoting Gonzalo (Thread starter):
It will be interesting to see this too giants fighting !!!

There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult. Now whether a fine will be imposed and collected, that is another story, personally I think the fine threat is mostly just the lever used to get companies to move and comply.

Tugg



I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
User currently offlineStudeDave From United States of America, joined Oct 2006, 465 posts, RR: 0
Reply 5, posted (1 year 4 months 1 week 5 days 19 hours ago) and read 12601 times:

Quoting wedgetail737 (Reply 2):
The next thing CA will want is back-taxes for all those people that use to be CA residence.

They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

Nonresidents don't owe them a dime.

I never got a California DL or plates either.
The CHP didn't like that much, but it's the law.





StudeDave



Classic planes, Classic trains, and Studebakers~~ what else is there???
User currently offlinedlramp4life From United States of America, joined Jun 2011, 913 posts, RR: 1
Reply 6, posted (1 year 4 months 1 week 5 days 19 hours ago) and read 12515 times:

Quoting Gonzalo (Thread starter):

*Delta Air Lines



PHX Ramp, hottest place on earth
User currently offlineKC135TopBoom From United States of America, joined Jan 2005, 12061 posts, RR: 52
Reply 7, posted (1 year 4 months 1 week 5 days 18 hours ago) and read 12393 times:

Quoting mayor (Reply 1):
Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.

  

Quoting StudeDave (Reply 5):
They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

They have tried that with me, too. I was in the USAF and stationed in California twice.

I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.


User currently offlinemayor From United States of America, joined Mar 2008, 9964 posts, RR: 14
Reply 8, posted (1 year 4 months 1 week 5 days 18 hours ago) and read 12259 times:

Quoting KC135TopBoom (Reply 7):
would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.

They always seem to file these in SFO, maybe because the courts, there, are more liberal.



"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
User currently offlinetugger From United States of America, joined Apr 2006, 5251 posts, RR: 8
Reply 9, posted (1 year 4 months 1 week 5 days 18 hours ago) and read 12197 times:

Quoting mayor (Reply 8):
They always seem to file these in SFO, maybe because the courts, there, are more liberal.

On a state level it doesn't make much of a difference, the state law will still be interpreted from a state perspective. Additionally if it goes to the federal level then the same court, regardless of where it is/started in California, would be hearing the case.

(Hey I like it, spell check came up with "interpenetrated" when I misspelled "interpreted" above, could explain a lot of things in California   )

Tugg



I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
User currently offlineart From United Kingdom, joined Feb 2005, 3342 posts, RR: 0
Reply 10, posted (1 year 4 months 1 week 5 days 17 hours ago) and read 11960 times:

Quoting tugger (Reply 4):
Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult.

  
If you knew the content you could put it on a web page in a few minutes. If there is already a privacy policy in the app, I don't suppose it would take long to rephrase.


User currently offlineDreadnought From United States of America, joined Feb 2008, 8711 posts, RR: 24
Reply 11, posted (1 year 4 months 1 week 5 days 17 hours ago) and read 11871 times:

Quoting StudeDave (Reply 5):
They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

Nonresidents don't owe them a dime.

That argument has so far failed at the federal level, unfortunately.



Veni Vidi Castratavi Illegitimos
User currently offlineryanov From United States of America, joined Nov 2012, 17 posts, RR: 0
Reply 12, posted (1 year 4 months 1 week 5 days 17 hours ago) and read 11831 times:

Quoting mayor (Reply 1):
Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.

This sounds to me like a knee-jerk anti-government response, not a thorough understanding of the issue.


User currently offlineFATFlyer From United States of America, joined May 2001, 5772 posts, RR: 15
Reply 13, posted (1 year 4 months 1 week 5 days 17 hours ago) and read 11643 times:

This suit may be about the accessibility of Delta's privacy policy, not just if the app has a privacy policy. I haven't seen details yet to know.

The California On-line Privacy Protection Act requires the privacy policy (If personal info is collected in the app or website) to be both conspicuous and accessible. That means using links, icons, etc that provide access to the privacy policy.

Also, the law requires consumers to be able to review the privacy policy before their personal information is collected. That allows a consumer to choose not to use the app or web site.

Earlier this year, the California AG reached agreements with Amazon, Apple, Facebook, Google, Hewlett-Packard, Microsoft, and Research in Motion to bring them into compliance with the privacy law. Those companies agreed that app privacy policies would be available for consumers to read before downloading apps.

California's AG had issued 30 day warnings in October/November to 100 companies about their apps being out of compliance with state privacy law. Besides Delta the group also included United.



"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain
User currently offlinemayor From United States of America, joined Mar 2008, 9964 posts, RR: 14
Reply 14, posted (1 year 4 months 1 week 5 days 14 hours ago) and read 9239 times:

Quoting ryanov (Reply 12):
This sounds to me like a knee-jerk anti-government response, not a thorough understanding of the issue.

Apparently, you failed to see the humor in my post.  



"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
User currently offlineAirCalSNA From United States of America, joined Mar 2010, 316 posts, RR: 0
Reply 15, posted (1 year 4 months 1 week 5 days 12 hours ago) and read 7861 times:

Quoting KC135TopBoom (Reply 7):
They have tried that with me, too. I was in the USAF and stationed in California twice.

I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.

I deal with removal issues fairly frequently. This case is probably not removable to federal court because it concerns state law not federal law, and a State is not considered a "citizen" for the purpose of "diversity jurisdiction" (i.e., federal courts are reserved for federal issues and lawsuits between citizens of different states).


User currently offlineDocLightning From United States of America, joined Nov 2005, 18699 posts, RR: 58
Reply 16, posted (1 year 4 months 1 week 5 days 11 hours ago) and read 7578 times:

In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.

"What's new?"
-Added a link to Delta's privacy policy

Well, there you go.


User currently offlinetugger From United States of America, joined Apr 2006, 5251 posts, RR: 8
Reply 17, posted (1 year 4 months 1 week 5 days 11 hours ago) and read 7380 times:

Quoting DocLightning (Reply 16):
In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.

"What's new?"
-Added a link to Delta's privacy policy

Well, there you go.

Ta-da!
And to toot my own horn:

Quoting tugger (Reply 4):
There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements [...]It's not a big deal or that difficult.


 Big grin
Tugg

[Edited 2012-12-07 17:47:59]


I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
User currently offlineDeltal1011man From United States of America, joined Sep 2005, 9081 posts, RR: 12
Reply 18, posted (1 year 4 months 1 week 5 days 7 hours ago) and read 5382 times:

Quoting Gonzalo (Thread starter):

Air (space) Lines

Quoting mayor (Reply 1):

Lmao. good on mayor.

Quoting dlramp4life (Reply 6):

damn...beat me to it.  
Quoting ryanov (Reply 12):

calm down it is just a joke.

Quoting DocLightning (Reply 16):

same here. That didn't take long



yep.
User currently offlineDeltaMD90 From United States of America, joined Apr 2008, 7276 posts, RR: 52
Reply 19, posted (1 year 4 months 1 week 5 days 7 hours ago) and read 5335 times:

Quoting DocLightning (Reply 16):
"What's new?"
-Added a link to Delta's privacy policy

Does anyone ever read these things? Really, doesn't CA have anything better to do? I'm for consumer protection, but this all seems a bit silly.

In other words, if the solution is to "add a link to the privacy policy," the problem in question probably isn't a problem  



Ironically I have never flown a Delta MD-90 :)
User currently offlineFATFlyer From United States of America, joined May 2001, 5772 posts, RR: 15
Reply 20, posted (1 year 4 months 1 week 4 days 18 hours ago) and read 2500 times:

Quoting DocLightning (Reply 16):
"What's new?"
-Added a link to Delta's privacy policy

I wondered above if access to the privacy policy was the issue.

Quoting FATFlyer (Reply 13):
This suit may be about the accessibility of Delta's privacy policy,

I'd be curious about the link placement to meet the visibility requirements. The link has to be visible to the consumer before someone starts inputting personal info. Some even go the additional step to make the privacy policy available before the app is downloaded.

California's online privacy law (in effect since 2004) followed California's first-in-the-nation consumer data breach disclosure law in 2002.

California's State Constitution is different than others (including the US) because it was amended in 1972 to specifically mention the right to privacy as an inalienable right. The term "privacy" appears 5 times in the California State Constitution.



"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain
Top Of Page
Forum Index

This topic is archived and can not be replied to any more.

Printer friendly format

Similar topics:More similar topics...
The Future Of Delta Airlines posted Mon Feb 20 2006 20:05:34 by GSPITNL
State Of A Couple Airlines By Me... posted Tue May 27 2003 16:14:38 by Dirkpitt
Delta Airlines New Policy Of Background Check posted Wed Apr 9 2003 01:37:45 by Fly_emirates
Current State Of Airlines/economy- Boom For RJ's? posted Wed Dec 18 2002 23:13:32 by Boeing nut
Your Opinions Of Delta Airlines posted Sun Apr 29 2001 20:51:06 by Co LITE
Why "Delta Air Lines" Instead Of "Delta Airlines"? posted Mon Aug 14 2000 09:35:31 by B737-112
Delta Airlines To Purchase Rest Of SkyWest posted Fri Oct 29 1999 23:46:09 by DeltaAir
Comparison Of Three Chicago Hub Airlines posted Sun Nov 25 2012 09:32:40 by knope2001
Bing Maps Meets Delta Airlines Plane posted Sat Nov 3 2012 21:41:53 by B7474
Current State Of Kai Tak (What's Left Of It) posted Fri Jun 29 2012 10:04:44 by mnik101