Online Privacy Protection Act Preempted by Airline Deregulation Act


State enforcement of the privacy policy requirements of the Online Privacy Protection Act of 2003 (OPPA), Bus. & Prof. Code, §§22575-22579, as applied to an airline's mobile application was expressly preempted by the Airline Deregulation Act of 1978 (ADA). To compel the airline to comply with the OPPA would effectively interfere with the airline's selection and design of its mobile application, a marketing mechanism appropriate to the furnishing of air transportation service, for which state enforcement is expressly preempted by the ADA. People ex rel. Harris v. Delta Airlines, Inc. (2016) 247 CA4th 884, 906.

FROM Matthew Bender California Unfair Competition and Business Torts

Business Torts

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