Lloyd Court Says No to Class Action-Style Lawsuits in the UK

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On November 10, 2021, the UK Supreme Court issued its long-awaited judgment in the Lloyd v Google case. The decision is expected to make it difficult in practice for a future class action lawsuit that is brought on behalf of a class of individuals who have not actively opted in to being represented by the lead claimant to proceed under UK law.

The Lloyd case concerned alleged violations by Google in 2011 and 2012 of the UK Data Protection Act 1998 (the “DPA”) in connection with the collection and use of the browser generated information of approximately four million UK-based Apple iPhone users. Lloyd alleged, on his own behalf, and on behalf of the approximately four million other iPhone users (who had not affirmatively agreed to be represented by Lloyd), that Google’s use of the browser generated information violated the DPA and sought compensation for the damage allegedly suffered. Pursuant to the UK’s Civil Procedure Rules, Lloyd was required to seek permission of the court

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