Rudgayzer v. Yahoo!, Inc.

Filing 1

CLASS ACTION COMPLAINT against Yahoo!, Inc. ( Filing fee $ 350, receipt number 34611071967). Filed byAlbert Rudgayzer. (far, COURT STAFF) (Filed on 3/20/2012) (Additional attachment(s) added on 3/21/2012: # 1 Civil Cover Sheet) (far, COURT STAFF).

1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFO~

2

3
4

ALBE
of All

HAR

2

~B~oo
~~~~ f ~K

RUDGAYZER, Individually and on Behalf
ers Similarly Situated

(!,N

'

1
u':.rt.~J,rrocr /iG T
•
Ill c.~ll
1.~

Plaintiff,

5

6
7

FILED

.V 12 1399

-against-

I

.

~

YAHO !, INC.,

I

8
Defendant.

9

LB
PBELPQNARXSTATENENT

10

I

11

1

Defendant, Yahoo!, Inc. ("Yahoo"), provides email addresses to members of th~

12

public, s ch email addresses having the domain name of yahoo.com. Yahoo requires certa4l

13

informa on from a person seeking to obtain an email address from Yahoo, including the person'b ,

14

first and last names. Thereafter, Yahoo, without any prior notice to its email users, includes thb

15

users'

I

I

I

i

and last names in the emails that the users send from their Yahoo email addresses.

16

Plaintiff, Albert Rudgayzer ("Rudgayzer"), brings this action individually and as ~

17

class act' n on behalf of all other similarly situated persons and entities located in the United Sta~s

18

who, wi out prior notice, have had their names disclosed when sending emails from their Yahop

19

email ad

20

(the "Cl s"), at any time during the period beginning four years prior to the commencement of ~s

21

action

i

I

sses, other than Yahoo, its officers, employees, and representatives, and their familiqs

d continuing until the resolution of this action (the "Class Period").
I

22

Plaintiff, individually and on behalf ofthe other Members ofthe Class, alleges breaQh
I

23

t and seeks a declaratory judgment, monetary damages, injunctive relief, and costs

a.tfi

24
25

JURISDICTION AND VENUE

26

This Court has jurisdiction under 28 U .S.C. § 1332(d)(2)(A).

27

The matter in controversy exceeds the sum or value of $5,000,000, exclusive e>f

28
CLASS-ACTION COMPLAINT

1

6.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(a)(l) and (2).

2

7.

More than two-thirds of the Members of the Class are citizens of states other~

3

Californi .

4

PAJiTIES

5

8.

Rudgayzer is a citizen of the State of New York.

6

9.

Yahoo is a corporation organized and existing under the laws of Delaware. Yahoo'~

FACTS

8
9
10

I

xecutive office is at 701 First Avenue, Sunnyvale, California 94089.

7

Yahoo provides, to members ofthe public, an email service in which Yahoo provide'
email

esses with the domain name of yahoo.com ("Yahoo Email Addresses");

e.g.~

11
I

12

Yahoo requires a person in the United States who wishes to obtain a Yahoo EmaiJ

13

provide Yahoo with certain information, including the following: first name; last namd;

I

!

14

gender;

I

day; country; and postal code.

:
I

15

Yahoo, through its default settings, knowingly and without prior notice to, or conse~

16

o Email Users, adds a User's first and last names in the header of the emails that the Usc.t

17

his Yahoo Email Address ("Yahoo Email"), such that the recipients of the Yahoo Email

I

'

!

18

I

19

Yahoo's Terms of Service constitute a contract ("Yahoo Contract").

20

The Yahoo Contract provides that "the parties shall be governed by the laws of the

21

State of alifornia without regard to its conflict oflaw provisions and that any and all claims, cauJ

22

of actio or disputes (regardless of theory) arising out of or relating to the [Yahoo Contract], or~

!

I

23

relations ·p between you andYahoo!, shall be brought exclusively in the courts located in the coun~

24

of Santa Cl~ California or the U.S. District Court for the Northern District of California."

I

25

15.

The Yahoo Contract incorporates Yahoo's Privacy Policy.

26

16.

One of the provisions ("Personal-Information Provision") of the Yahoo Contr~t

j

I

27
28

states, · relevant part:
Yahoo! collects personal information when you register with Yahoo!
CLASS-ACTION COMPLAINT

... *** When you register we ask for information such as your name,
[alternate] email address, birth date, gender, ZIP code, occupation,
mdustry, and personal interests .... *** Yahoo! uses information for
the following general purposes: to customize the advertising and
content you see, fulfill your requests for products and services,
improve our services, contact you, conduct research, and provide
anonymous reporting for internal and external clients.... **• Yahoo!
does not rent, sell, or share personal information about you with other
people or non-affiliated companies except to provide products or
services you've requested, when we have your permission.

1

2
3
4

5
6

'

By disclosing the first and last names of the senders of Yahoo Emails, Yahoo h~

7

8

breached e Personal-Information Provision of its contracts.
Yahoo has intentionally concealed, during the registration process, the material fac•

9

10

!

that Yaho discloses the first and last names of the senders of Yahoo Emails.

Yahoo has intentionally deprived Yahoo Email Users oftheir legal rights not to hav~

11

II

d last names disclosed when they send Yahoo Emails.

12

Rudgayzer became a Yahoo Email User on or about October, 2011.

13

When Rudgayzer sent e-mails from his Yahoo Email Address, those

14

e-mail~
I

15
Plaintiff has complied with all of his obligations under the Yahoo Contract.

16

I
I

Pecuniary compensation would not afford adequate relief to Plaintiff and the other

17

!

18
19
20

It would be extremely difficult to ascertain the amount of monetary damages tlu¢
would

ord adequate relief to Plaintiff and the other Class Members.

COUNT I

21

22
23
24
25

26
27
28

[Breach of Contract under California law]

2 .

Plaintiff repeats and realleges each and every allegation contained in paragraphs "1

through ' 24" inclusive of this Complaint as if fully set forth herein.

i'
I
!

The Yahoo Contract constitutes a valid, binding, and enforceable contract.
Yahoo's disclosure of its email users' first and last names in the manner descri~
herein c stitutes a breach of the Yahoo Contract.

I

I

As a result ofYahoo •s breach of contract, Plaintiff and the other Class Members are
CLASS-ACTION COMPLAINT

1

entitled t :a judgement pursuant to 28 U.S.C. § 2201 declaring that Yahoo's conduct constitutes

2

breach of ontract; actual damages; nominal damages pursuant to California Civil Code Section 336Q

3

in the ev t that Yahoo's breach of contract has caused no appreciable detriment; and punitiv~

4

damages.

I

5

CLASS ALLEGATIONS

6

Plaintiff brings this action individually, and as a Class Action pursuant to Federal

7

ivil Procedure 23(a) and 23(b)(3) on behalf of all persons and entities who, without prio~

8

e had their names disclosed when sending emails from their Yahoo Email Addresses~

'

I

9

other

· g the period beginning four years prior to the commencement ofthis action and continuin~

10
11
12

Yahoo, its officers, employees, and representatives, and their families (the "Class"), at an~

until the

solution of this action (the "Class Period").
The Members of the Class are so numerous that joinder of all Members i~

'

I

13

14

There are more than 5,000,000 individuals and entities whose claims are similar

td
'

15
16

Plaintiff claims, which are typical of the claims of the other Members of the Class.
Plaintiff would fairly and adequately protect the interests of the Class. lndeedJ
I

I

17

interests are, for purposes of this litigation, coincident with the interests of the otheti

18

f the Class. Plaintiff has no interests that are antagonistic to, or in conflict with, the othe~

19
20

Members of the Class.
A class action is superior to all other available methods for the fair and efficien.
!

21

adjudica · n of this controversy. Because the Class is so numerous that joinder of all Members i~

22

impractic ble, and because the damages suffered by most ofthe individual Members of the Class ard
!

23

too small o render prosecution of the claims asserted herein economically feasible on an individu~
I

24

xpense and burden of individual litigation makes it impractical for Members of the Clas~

25

ly address the wrongs complained of herein. Plaintiff knows of no impediments to th~

26

anagement of this action as a class action.

I

!

I
I

27
28

Common questions oflaw and fact predominate over questions that might affect only
Members of the Class. Among the questions oflaw and/or fact common to the Class are:
CLASS.ACTION COMPLAINT

(i) whether Yahoo requires a person who wishes to obtain a Yahoo
Email Address to provide Yahoo with such person's name;

1

2
(ii) whether Yahoo, through its default settings, and without prior
notice to, or consent from, Yahoo Email Users, adds aU ser' s first and
last names in the header of Yahoo Emails, such that the recipients of
Yahoo Emails are given this information;

3
4

(ii) whether Yahoo knowingly engages in the conduct described in
paragraph 34(ii) herein;

5

6
(iii) whether Yahoo breached its contracts withYahoo' s email users;

7

8

(iv) whether Yahoo's email users are entitled to a judgement
declaring that Yahoo's conduct constitutes breach of contract;

9

(v) whether Yahoo's email users are entitled to actual damages as a
result of Yahoo's breach of contract;

10
(vi) whether Yahoo's email users are entitled to nominal damages as
a result of Yahoo's breach of contract in the event that Yahoo's
breach of contract has caused no appreciable detriment; and

11
12
13

(vii) whether Yahoo's email users are entitled to punitive damages as
a result of Yahoo's breach of contract.

14

PRAYER FOR RELIEF
EREFORE, Plaintiff demands judgment against Defendant:

15

Declaring, pursuant to 28 U .S.C. § 2201, that Defendant's conduct as set forth here~

16

!

17

breach of contract;
Preliminarily enjoining Defendant, pursuant to Rule 65 of the Federal Rules ofCivi~

18
19

Procedur , from continuing to engage in the conduct described herein;
Permanently enjoining Defendant, pursuant to Calif Civil Code Section 3422 and the

20

i

21

generalle al and equitable powers ofthis Court, from continuing to engage in the conduct describe4

22

herein;

23
24

(d

Awarding Plaintiff and the other Members of the Class actual damages based upod
I

Defendan 's breaches of contract;

1

!

25

(e

26
27
28

Awarding Plaintiff and the other Members of the Class nominal damages pursuan~

·a Civil Code Section 3360 based upon Defendant's breaches of contract in the event tha,
such bre hes caused no appreciable detriment;
(

·

Awarding Plaintiffand the other Members of the Class punitive damages based upon
CLASS-ACTION COMPLAINT

1

Defendan: 's breaches of contract;

2

Awarding Plaintiff and the other Members of the Class litigation costs;

3

Awarding Plaintiff reasonable legal fees; and

4

Awarding Plaintiff and the other Members of the Class and such other and further

5 relief as ·s Court deems just and proper.
6
7

Dated:

h 19, 2012
Respectfully submitted,

8

9
10

11

305 Broadway, Suite 501
New York, New York 10007
[phone]
Plaintiff Pro Se

12
13
14
15
16
17
18
19
20
21

22
23

24
25
26
27

28
CLASs-ACTION COMPLAINT