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United States District Court for the Northern District of California
October 23, 2019, Decided; October 23, 2019, Filed
Case No. 18-cv-06827-VC
ORDER RE MOTIONS TO DISMISS
Re: Dkt. Nos. 47, 48
NaviStone's and Moosejaw's motions to dismiss are denied as to Revitch's claims under sections 631 and 635 the California Invasion of Privacy Act, the common law, and the California Constitution. The motions are granted as to his claims under section 632 of the California Invasion of Privacy Act and the Consumers Legal Remedies Act.
Revitch has Article III standing to sue the defendants for each of the [*2] alleged violations of California law. He alleges that Moosejaw helped NaviStone eavesdrop on his communications and scan his computer for files revealing his identity. Being eavesdropped upon is a concrete (though intangible) harm, as is having one's computer files surreptitiously scanned. See In re Facebook, Inc., Consumer Privacy User Profile Litigation, 402 F. Supp. 3d 767, 2019 WL 4261048, at *8 (N.D. Cal. 2019). These intrusions are not at all like the sort of "bare procedural violation" that the Supreme Court has said would fall short of an Article III injury. Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549, 194 L. Ed. 2d 635 (2016). The privacy harms are fairly traceable to the violations of California law that Revitch alleges, and he may sue to have them remedied.1
II. California Invasion of Privacy Act
Moosejaw and NaviStone moved to dismiss Revitch's claims under sections 631, 632, and 635 of the California Invasion of Privacy Act. The motions are denied as to the claims under sections 631 and 635, but granted as to the claims under section 632.
Section 631. According to the complaint, Moosejaw embedded into its webpages a mechanism that allowed NaviStone to eavesdrop on Revitch's communications. These allegations are enough to sustain the section 631 claims against both defendants.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2019 U.S. Dist. LEXIS 186955 *; 2019 WL 5485330
JEREMIAH REVITCH, Plaintiff, v. NEW MOOSEJAW, LLC, et al., Defendants.
Subsequent History: Dismissed by, Motion granted by Revitch v. Moosejaw, 2021 U.S. Dist. LEXIS 109315 (N.D. Cal., June 10, 2021)
communications, eavesdropping, Privacy, alleges, motion to dismiss, confidential, signal