In what Law360 characterized as a “major blow to California’s attorney general in the first test of California’s Online Privacy Protection Act,” on May 9, 2013, Superior Court Judge Marla J. Miller concluded that Attorney General Kamala D. Harris’ complaint failed because the federal Airline Deregulation Act (“ADA”) completely pre-empts the State’s attempted consumer protection enforcement action against an air carrier. The ADA provides that a State cannot “enact or enforce a law … related to a price, route, or service of an air carrier.” 49 U.S.C. §41713(b)(1).
The Attorney General’s press release announcing the lawsuit is available here.
We will post the transcript and decision when available.