When the new tort of the intrusion upon seclusion first emerged in 2012 in Jones v. Tsige, many of us wondered how exactly it would be invoked in litigation. Many of us assumed reasonably that this would be an additional head of damages claimed, given the modest amount recognized by the court as reasonable for privacy breaches.
Since that time we have seen this tort employed in several cases with varying success. One of the more intriguing applications is where these small heads of damages can be advanced in the aggregate, namely in through class proceedings.
The ideal scenario . . . [more]