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In Brown v. Google LLC, No. 4:20-CV-3664-YGR, 2023 WL 5029899, (N.D. Cal. Aug. 7, 2023), United States District Court Judge Yvonne Gonzalez Rogers details what constitutes standing to defeat a motion for summary judgment on breach of contract and various privacy violation claims: “To have Article III standing to sue in federal court, plaintiffs must demonstrate, among other things, that… Read More

In Rojas v. HSBC Card Servs. Inc., No. D077931, 2023 WL 4635056, at *1–2 (Cal. Ct. App. July 20, 2023), the Court of Appeal waded into an employer's recording of all calls of its employees whose job it is to communicate with the employers' customers. Rojas received hundreds of personal calls from her daughter Alejandra, an employee at an HSBC… Read More

On February 3, 2023, Judge Sykes of the Central District of California denied Goodyear's motion to transfer venue and its motion to dismiss Plaintiff's CIPA claim.  Byars v. Goodyear Tire & Rubber Co., No. 522CV01358SSSKKX, 2023 WL 1788553 (C.D. Cal. Feb. 3, 2023). On the motion to transfer venue, the Court held: Where the internet contract falls into the browsewrap… Read More

In Javier v. Assurance IQ, LLC, No. 21-16351, 2022 U.S. App. LEXIS 14951, at *3 (9th Cir. May 31, 2022), the Court of Appeals for the 9th Circuit held that "[t]hough written in terms of wiretapping, Section 631(a) applies to Internet communications."   The facts and procedure below were as follows: Assurance is an insurance platform that owns and operates On this… Read More

In Smith v. Loanme, Inc., No. S260391, 2021 Cal. LEXIS 2248, at *2-3 (Apr. 1, 2021), the California Supreme Court found that Penal Code 632.7 requires two-party consent.  The summary is below: Under Penal Code section 632.7, subdivision (a) (hereinafter section 632.7(a)), it is a crime when a person “without the consent of all parties to a communication, intercepts or… Read More

In Ewing v. Freedom Forever Ltd. Liab. Co., No. 20-cv-880-JLS (AHG), 2021 U.S. Dist. LEXIS 53561 (S.D. Cal. Mar. 22, 2021), Judge Sammartino dismissed part of a TCPA claim, but let the balance proceed.   Judge Sammartino held that some of the calls were barred by the statute of limitations, but still remained relevant. Defendants argue that "most of Plaintiff's… Read More

In Smith v. LoanMe, Inc., No. E069752, 2019 Cal. App. LEXIS 1282, at *2-4 (Ct. App. Dec. 20, 2019), the California Court of Appeal addressed the scope of a cause of action under Penal Code 632.7.  The facts were as follows: LoanMe is in the business of providing personal and small business loans. Smith's wife is the borrower on a… Read More

In Hataishi v. First American Home Buyers Protection Corporation, --- Cal.Rptr.3d ----, 2014 WL 667381 (Cal.App. 2 Dist. 2014), the Court of Appeal for the Second District affirmed the trial court’s denial of class certification in a call-recording case filed under Penal Code § 632. The facts were as follows: A customer placing an inbound call to First American is… Read More

In Faulkner v. ADT Sec. Services, Inc., --- F.3d ----, 2013 WL 174368 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit found that Plaintiff failed to properly plead an expectation of privacy.   On March 4, 2010, John Faulkner contacted his security provider, ADT, by telephone to dispute a charge assessed by ADT. Faulkner was transferred to ADT's… Read More