On December 16, 2025, Thomas Richards filed a lawsuit in Loudoun County Circuit Court against AOL Media LLC seeking a temporary restraining order to prevent AOL from enforcing its new Terms of Service and Privacy Policy against him.
On Thanksgiving Day 2025, AOL notified approximately 30 million users that, effective January 2, 2026, it will begin reading the content of their emails for "Smart Features," "Tailored Content," and "Targeted Advertising." AOL claims "legitimate interest" as the legal basis for this surveillance, meaning no user consent is required. Users who do not accept these terms have one option: forfeit their email addresses.
Thomas has used his AOL email address for twenty-five years for personal and ministry communications. AOL's prior privacy policy stated that it would not "read your private online communications without your consent." That representation has been removed.
The lawsuit asserts claims for breach of the implied covenant of good faith and fair dealing, unconscionability, violations of the Virginia Consumer Protection Act, and promissory estoppel. We are seeking emergency relief before the January 2 deadline.
The case documents are attached below for anyone who wishes to review them.
We will post updates as the case progresses. UPDATE December 19 - we have filed a motion for reconsideration -- these additional documents are below as well:
Verified Complaint:
Motion for TRO and Preliminary Injunction:
Declaration of Thomas Richards:
Proposed Temporary Restraining Order:
Court's Order Denying Emergency Hearing (December 17, 2025):
Motion for Reconsideration (December 19, 2025):
Exhibit A -- AOL Terms of Service (filed with Motion for Reconsideration):
Exhibit B -- AOL Privacy Policy (filed with Motion for Reconsideration):
Exhibit C -- AOL FAQs (January 2, 2026 Deadline) (filed with Motion for Reconsideration):
Virginia Supreme Court Petition for Review (December 19, 2025):
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