 Attorney Malley, who had developed a litigation strategy in the early 2000s involving another federal privacy law, the Driver Privacy Protection Act ("DPPA"), a law related to the unauthorized access to DMV records and permitted statutory damages for privacy violations.IE., $2500.00 damage award "per person-per violation, (per company)", successfully filing numerous federal class actions against 3-400+ companies, sought a similar strategy, but needed to develop a new theory of liability for added assurance to survive a motion to dismiss.The online advertising industry, in association with analytic companies, had begun using video ads to conduct its ubiquitous tracking, consumer's attention shown to be drawn to such as opposed to written content, In later years, these tracking methods would expand to photos and audio, IE., In 2008, cell phones were re-designed to include a new method of tracking, the use of social apps to collect photos, a process which now permitted a one step "click" process to upload a photo as opposed to the previous six steps, thus consumers were now more inclined to upload photos in mass.