Novack and Macey Attorneys Defeat Plaintiff's Motion for Class Certification
In Dancel v. Groupon, Novack and Macey attorneys Eric Macey, Christopher Moore, and Brian Cohen successfully defeated the plaintiff’s motion for class certification, based on her claim that Groupon had violated the Illinois Right to Publicity Act (“IRPA”). Plaintiff Christine Dancel argued that Groupon had violated her rights under the IRPA when it displayed a photograph on one of its “deal pages” that she had publicly posted on her Instagram page. Dancel sought to certify a class of tens of thousands of other Instagram users on a supposedly similar claim. The Northern District of Illinois denied Dancel’s motion for class certification, holding that Dancel failed to satisfy Federal Rule of Procedure 23(a)’s requirement that common issues of fact or law predominate over individuals ones. The Court held that whether a particular Instagram photograph contained an individual’s “identity” as required under the IRPA was “individualized question of fact” that could not be resolved in a class action.