Updated: 08.01.2025
Filed on: 03.27.2025

Instructure Data Privacy Litigation

Jasmine Hernandez-Silva et al. v. Instructure, Inc., 2:25-cv-2711 (C.D. Cal.)

On March 27, 2025, Plaintiffs, K-12 students and their parents, sued Instructure, a learning management system, alleging that Instructure generates, collects, uses, and shares information about them without their consent.

At an August 1, 2025 hearing, the Court dismissed the plaintiff’s Section 1983 claims with prejudice and the others with leave to amend. At plaintiffs’ request, on August 4, 2025, the Court dismissed the entire complaint with prejudice so that plaintiffs may pursue an appeal.

Plaintiffs assert claims under

1. Section 1983 (4th Amendment),
2. Section 1983 (14th Amendment),
3. the California Invasion of Privacy Act (CIPA),
4. the California Comprehensive Computer Data Access and Fraud Act (CADAFA),
5. California’s Unfair Competition Law,
6. California’s Tom Bane Civil Rights Act,
7. common law invasion of privacy for the public disclosure of private facts,
8. common law invasion of privacy for intrusion upon seclusion, and
9. common law unjust enrichment.

Key filings:

• Complaint
• Instructure’s Motion to Dismiss
• Plaintiffs’ Opposition to Instructure’s Motion to Dismiss

• Instructure’s Reply in Support Of Motion to Dismiss

• Transcript from August 1, 2025 Motions Hearing
• Order on Instructure’s Motion to Dismiss

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