We don’t always talk about bad news on CIPAWorld. Sometimes, there is good news in a CIPA case.
Today is one of those days.
Converse has a chatbot on their website. The data from the chats are stored on Salesforce servers. Ms. Gutierrez went to Converse’s website. She chatted with the chatbot. She then sued Converse for various California Invasion of Privacy Act (“CIPA”) claims and a claim the Converse violated California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA”). All of the CIPA claims and the CDAFA claim were dismissed except the claim that Converse was aiding and abetting in Salesforce’s violation of CIPA.
In Gutierrez v. Converse (2024 WL 3511648, C.D. Cal. July 12, 2024), the Court dismissed the remaining claim for violation of CIPA because the Plaintiff failed to establish there was a genuine dispute of material fact around whether Converse aided and abetted Salesforce.
The first clause of CIPA (intentionally tapping or…
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