Capitol Alert

California appellate court slaps down Harris’ suit against Delta

In this 2014 file photo, a Delta Air Lines Boeing 757-232 lands at the Tampa International Airport in Tampa, Fla.
In this 2014 file photo, a Delta Air Lines Boeing 757-232 lands at the Tampa International Airport in Tampa, Fla. AP

Four years ago, with some fanfare, Attorney General Kamala Harris sued Delta Airlines for violating the state’s then-new Online Privacy Protection Act.

She alleged that Delta’s mobile application failed to adequately warn users about information it was collecting and sought monetary damages on behalf of users.

“Losing your personal privacy should not be the cost of using mobile apps, but all too often is,” Harris said as she filed the suit, the first under the new law.

The airline, however, fought the suit, contending that the federal Airline Deregulation Act protects air carriers from being regulated by the state, and won a lower court ruling.

This week, the state appellate court based in San Francisco also sided with Delta on that point in a unanimous ruling and expressly barred Harris from pursuing the case further.

  Comments