Lululemon & Quantum Metric s Motion to Dismiss Wiretapping Suit Granted in Part lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.
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The online shopper who filed the putative class action against Lululemon USA Inc. and Quantum Metric Inc. (QM) last November is now opposing the defendants’ motion to dismiss the suit for failure to state a claim. The April 22 brief reiterated the complaint’s core argument: Lululemon enabled QM’s wrongdoing by using its software, and both companies are culpable for illegally recording the plaintiff’s “entire private shopping experience.”
As previously reported, Lululemon and QM’s dismissal motion asserts that the plaintiff’s counsel filed this as one of two dozen lawsuits seeking to penalize the defendants for their use of ubiquitous web analytics tools. The defendants seek dismissal of the plaintiff’s state and federal wiretap, California Invasion of Privacy Act (CIPA), and invasion of privacy under the California Constitution claims with prejudice.
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