"The district court below had refused to allow plaintiffs to proceed with breach of fiduciary duty and prohibited transaction claims based on the recordkeeper's use of participant data for purposes of 'cross-marketing' non-plan services to plan participants.... In affirming the district court decision, the Seventh Circuit agreed that the allegations based on cross-marketing were untimely and 'failed to state claims for relief.' This is the first time the issue of cross-marketing participant data has been decided at the circuit court level. Going forward, this precedent will pose a significant obstacle for plaintiffs who wish to pursue cross-marketing claims." [Divane v. Northwestern Univ., No. 18-2569 (7th Cir. Mar. 25, 2020)]

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