Harris v. comScore, Inc., No. 11 C 5807 (N.D. Ill.) (Apr. 2, 2013)

Judge Holderman. Granting class certification in part.

Everybody shops on the Internet these days. comScore developed software that tracks consumers’ online behavior. Consumers download the software in exchange for incentives like free third-party software. Each person who downloads comScore’s software agrees (through an electronic click-wrap agreement) to permit comScore to monitor their Internet behavior.

Two of those consumers sued comScore under various federal privacy statutes and state common-law theories alleging that the company’s software monitoring exceeds the scope of the electronic consent agreement. comScore argued that individual questions about the scope of each downloader’s consent barred class certification, but Judge Holderman disagreed. In his view, consent was a common question because every downloader went through the same registration process and signed the same click-wrap agreement.

The U.S. Chamber of Commerce is supporting comScore’s appeal to the Seventh Circuit.