III. Federal Claims Against All Defendants We first address the three federal law claims brought against all defendants. For the following reasons, we will vacate the dismissal of the plaintiffs’ Wiretap Act claim but affirm the dismissal of the plaintiffs’ claims under the Stored Communications Act and Computer Fraud and Abuse Act. A. The Federal Wiretap Act The federal Wiretap Act is codified at 18 U.S.C. § 2510 et seq. A plaintiff pleads a prima facie case under the Act by showing that the defendant “(1) intentionally (2) intercepted, endeavored to intercept or procured another person to intercept or endeavor to intercept (3) the contents of (4) an electronic communication, (5) using a device.”21 Of subject matter jurisdiction over the plaintiffs’ state law claims for two independent reasons: supplemental jurisdiction under 28 U.S.C. § 1367, and diversity jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d). We have jurisdiction over the District Court’s final dismissal under 28 U.S.C. § 1291. 21 In re Pharmatrak, Inc. Privacy Litig., 329 F.3d 9, 18 (1st Cir. 2003) (citing 18 U.S.C. § 2511(1)(a)); see also §§ 2510(4) (providing that “‘intercept’ means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device”), 2520 (providing a private right of action)). 16