Bywarren has a good point: Now, I would bet they are suing for negligence per se. In California (and it is different in many states), there is a cause of action if the plaintiff(s) can show that the law was designed to protect them, the risk of the type of harm has in fact occurred as a result of violation of the statute or law and they suffered harm. All three must be present or no standing to sue. Harm (at least here in Calif) is not only emotional distress. There must be personal injuries which result in emotional distress.