Kirkland & Ellis LLP achieved a significant legal victory by securing the first dismissal of a children’s privacy lawsuit in the educational technology (EdTech) sector. The case, identified as 25-02711, was dismissed by U.S. District Judge Stanley Blumenfeld in the Central District of California. The lawsuit, filed against Instructure, Inc., the parent company of the Canvas learning management system, alleged that the company collected and monetized personal information of school-aged children without parental consent, violating federal and state privacy laws, including the California Invasion of Privacy Act (CIPA) and the Children’s Online Privacy Protection Act (COPPA).
The class-action suit, initiated on March 27, 2025, by parents from California and Maryland, claimed Instructure gathered extensive data, including names, academic records, and user-submitted content like essays and media, to create “intimate dossiers” on children. The plaintiffs argued this data was used for commercial purposes without proper authorization. However, the court ruled that the plaintiffs failed to provide sufficient evidence to support their claims, dismissing the case with prejudice for individual claims, meaning they cannot be refiled.
This landmark dismissal, reported on August 13, 2025, marks a pivotal moment for the EdTech industry, which faces increasing scrutiny over data privacy practices. Kirkland & Ellis, known for its expertise in privacy litigation, argued that Instructure’s actions were authorized under federal and state regulations, a position the court upheld. The ruling sets a precedent that could influence similar lawsuits against other EdTech companies, such as IXL Learning and PowerSchool, which face parallel allegations. While the plaintiffs have been granted leave to appeal, the decision underscores the challenges of proving privacy violations in the complex regulatory landscape of educational technology.