Favorable CIPA Wiretapping Claim Decision

As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers' data continue unabated. Below, we discuss a recent favorable ruling dismissing California Invasion of Privacy Act ("CIPA") wiretapping claims against an e-commerce company.

California Federal Court Dismisses Wiretapping Claim

In Briskin v. Shopify Inc., Plaintiff asserted, among other things, illegal wiretapping claims against Shopify in violation of CIPA. While purchasing fitness apparel from a Shopify merchant, Plaintiff claimed that Shopify wiretapped his communications by collecting sensitive private information (including his name, street address, and credit card number) without his consent. After the Complaint was amended twice, Shopify moved to dismiss arguing that Plaintiff's wiretapping claim failed to plausibly plead a cause of action on the grounds that it: (1) lacked the requisite intent; (2) was an authorized party to the communications; and