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Merely Monitoring App Activity Data Does Not Support a Claim Under California’s Invasion Of Privacy Act, But Is It Sufficient To Allege (Common-Law) Invasion of Privacy? Friday, February 19, 2021
In the ongoing action related to Alphabet Inc.’s alleged monitoring and tracking of non-Google applications on Android devices,
McCoy V. Alphabet, Inc. et al., No. 5:20-cv-05427, the Northern District of California recently granted Defendant a sweeping victory on most of Plaintiffs’ allegations, albeit with leave to amend. In a 25-page order on Defendant’s motion to dismiss, the court made it poignantly clear that “…disclosure of common, basic digital information to third parties [were not] as serious or egregious violations of social norms” to “adequately plead claims for invasion of privacy or intrusion upon seclusion”. However, failing to heed the court’s instruction, Plaintiff recently filed an amended complaint that in many respects