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The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Amazon

Posted on December 2, 2011July 2, 2025 by Dissent

Suggested musical accompaniment to this entry “Another One Bites the Dust.”

Venkat Balasubramani summarizes a recent order to dismiss in a federal action against Amazon

Plaintiffs sued Amazon, alleging that Amazon’s use of “flash” cookies and certain browser “tokens” was misleading. In a putative class action, Del Vecchio asserted claims against Amazon under the Computer Fraud and Abuse Act, and the Washington Consumer Protection Act, along with claims for trespass and unjust enrichment. The court dismisses the lawsuit, and although it grants leave to amend, it sends a pretty clear message to plaintiffs that they face a high (and likely insurmountable) hurdle.

Read Venkat’s analysis on Technology & Marketing Law Blog.

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