A recent decision from the Northern District of California on a motion to dismiss examined consent and other key privacy issues. The putative class action claimed that payment processing company Stripe Inc. collected and used personal information from visitors to merchant partners’ websites in violation of various privacy laws, including the California Invasion of Privacy Act, Florida Security of Communications Act, and Washington’s wiretap law.
Continue Reading California Federal Court Examines Consent, Wiretap Claims, and Privacy Laws on Motion to Dismiss
Kathryn Cahoy
Kate Cahoy uses her substantial class action experience to help clients develop strategic and innovative solutions to their most challenging litigation matters. She specializes in defending clients in complex, high-stakes class action disputes involving privacy, antitrust, and consumer protection claims and has achieved significant victories for clients in the technology, entertainment, consumer product, and financial services industries. In addition, Kate has substantial experience litigating cases brought under California’s Section 17200 and other consumer protection, competition, and privacy laws, including the Sherman Act, California Consumer Privacy Act (CCPA), California Invasion of Privacy Act (CIPA), Wiretap Act, Stored Communications Act, Children’s Online Privacy Protection Act (COPPA), Video Privacy Protection Act (VPPA), and common law and constitutional rights of privacy, among others.
California Federal Court Adopts Narrow Reading of Telephone “Instrument” Under the California Invasion of Privacy Act
Last year, Apple’s iOS14 incorporated a new feature notifying users when an app copied from the iPhone’s clipboard. The feature resulted in media scrutiny for a number of well-known apps, some of which faced putative class action lawsuits as a result. A court in the Eastern District of California recently dismissed one such suit, Mastel v. Miniclip SA, No. 2:21-cv-00124 (E.D. Cal.). In that decision, the court rejected a broad interpretation of telephone “instrument” under the California Invasion of Privacy Act (“CIPA”), concluding that non-telephonic smartphone functionality does not constitute a telephone instrument.
Continue Reading California Federal Court Adopts Narrow Reading of Telephone “Instrument” Under the California Invasion of Privacy Act