The Northern District of California denied class certification in a data breach suit against Zoosk, an online dating service, concluding that the lead plaintiff had waived any right to represent a class by agreeing to a class-action waiver. See Order Denying Class Certification, Flores-Mendez v. Zoosk, Inc., No. 3:20-04929-WHA (N.D. Cal. July 27, 2022).
This putative class action stemmed from a data breach in January 2020 that resulted when a group called “ShinyHunters” allegedly stole personal data from Zoosk users. The plaintiffs contend that the data breach occurred because Zoosk failed to adequately protect their personal information.
Because the proposed class representative had entered a valid and enforceable class-action waiver, the court concluded that she could not serve as a class representative and denied class certification on that basis.