On July 8, 2026, the Hon. Dale E. Ho, United States District Judge for the Southern District of New York, entered an Order denying in full Zeta Global Holdings Corp.’s and certain of its officers’ motion to dismiss the amended securities class action complaint. This matter, in which Kahn Swick & Foti, LLC serves as Co-Lead Counsel, alleges that Defendants violated federal securities laws by falsely claiming that consumer data from over 240 million Americans was obtained consensually through an “opted-in” data set, and by denying the allegations in a report issued by Culper Research that Zeta was in fact using deceptive “consent farms” to obtain the consumer data. Judge Ho agreed, finding that Plaintiffs adequately alleged that Defendants made materially misleading statements regarding the nature and value of Zeta’s data set, and that Plaintiffs also adequately alleged scienter because “Defendants’ changing responses to the Culper Report–first denying the Report altogether, but then clarifying the nature of Zeta’s ‘opted-in’ data set–support an inference that Defendants knew that their initial denials about the Culper Report’s conclusions and representations about their data set were inaccurate.”