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Index Exchange Seeks Dismissal of Lawsuit Claiming DOJ Data Rule Violation

A class-action lawsuit claiming Index Exchange violated DOJ’s data transfer rule and federal privacy law should be dismissed, the company said in a Friday filing with the U.S. District Court for the Northern District of Illinois.

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Plaintiff John Baker filed a class-action complaint on Sep. 9, claiming Canada-based adtech platform Index Exchange violated DOJ’s Data Security Program and the Electronic Communications Privacy Act by sharing sensitive user data with Chinese company Temu. “Defendant Index Exchange knowingly and systematically transmitted sensitive user data intercepted from U.S. websites to Temu,” the complaint said.

The company on Friday filed for a dismissal due to “lack of personal jurisdiction, or in the alternative, to dismiss with prejudice due to failure to state a claim upon which relief can be granted.”