7/29/2019 LinkedIn Hacking

1/46

123456789lO11

..:P'1 12o

7/29/2019 LinkedIn Hacking

2/46

123456789

10f--, 11 15if ] 16f]

171819202122232425262728

Plaintiffs Paul Perkins, Pennie Sempell, Ann Brandwein, and Erin Eggers(collectively, "Plaintiffs"), by and through their attorneys, Russ, August & Kabat,bring this action on behalfof themselves and all others similarly situated, make thefollowing allegations on information and belief, except as to allegations pertainingto Plaintiffs individually, which are based on their respective personal knowledge.

INTRODUCTION1. Plaintiffs bring this class action complaint against Linkedln

Corporation ("LinkedIn") for appropriating the names, photographs, likenesses,and identities of Plaintiffs to advertise its products and services for a commercialpurpose without Plaintiffs' consent, for unfair and deceptive business practices, andin violation ofLinkedIn's User Agreement with users, accepted industry standards,and federal and state law.

2. The wrongful conduct by LinkedIn that is the subject ofthiscomplaint arises from Linkedln's practice of breaking into its users' third partyemail accounts, downloading email addresses that appear in the account, and thensending out multiple reminder emails ostensibly on behalf of the user advertisingLinkedIn to non-members. Linkedln provides no functional way to stop multiplesubsequent advertising emails from being sent.

3. When users sign up for LinkedIn they are required to provide anexternal email address as their username and to setup a new password for theirLinkedln account. LinkedIn uses this information to hack into the user's externalemail account and extract email addresses. If a LinkedIn user leaves an externalemail account open, LinkedIn pretends to be that user and downloads the emailaddresses contained anywhere in that account to LinI::edln's servers. Linkedln isable to download these addresses without requesting the password for the externalemail accounts or obtaining users' consent.

4. As a part of its effort to acquire new users, Linkedln sends multipleemails endorsing its products, services, and brand to potential new users. In an

1CLASS ACTION COMPLAINT

Case5:13-cv-04303-HRL Document1 Filed09/17/13 Page2 of 46

7/29/2019 LinkedIn Hacking

3/46

123456789

10E-< 11

7/29/2019 LinkedIn Hacking

4/46

123456789

10""'

111213(j

""'/) 14015

7/29/2019 LinkedIn Hacking

5/46

123456789lO

E-< 11"""Y1 12o'd 13E- 15--Q 12

13(lb

7/29/2019 LinkedIn Hacking

46/46

12345678910

E-< 1112

o