Page:Theodore H. Frank, et al. v. Paloma Gaos, individually and on behalf of all others similarly situated, et al..pdf/8

Rh , dissenting.

Respectfully, I would reach the merits and reverse. As I have previously explained, a plaintiff seeking to vindicate a private right need only allege an invasion of that right to establish standing. Spokeo, Inc. v. Robins, 578 U. S. ___, ___ (2016) (concurring opinion) (slip op., at 6). Here, the plaintiffs alleged violations of the Stored Communications Act, which creates a private right: It prohibits certain electronic service providers from “knowingly divulg[ing]… the contents of a communication” sent by a “ ‘user,’ ” “subscriber,” or “customer” of the service, except as provided in the Act. 18 U. S. C. §§2510(13), 2702(a)(1)–(2), (b); see §2707(a) (providing a cause of action to persons aggrieved by violations of the Act). They also asserted violations of private rights under state law. By alleging the violation of “private dut[ies] owed personally” to them “ ‘as individuals,’ ” Spokeo, supra, at ___, ___ (opinion of ) (slip op., at 7, 2), the plaintiffs established standing. Whether their allegations state a plausible claim for relief under the Act or state law is a separate question on which I express no opinion.

As to the class-certification and class-settlement orders, I would reverse. The named plaintiffs here sought to simultaneously certify and settle a class action under