record information that [c]lass [m]embers exchanged with
first-party websites . . . which [the d]efendants intercepted
while not a party to those communications (hence third-party
tracking)[.]”53 It continues to plead that “the defendants’
third-party tracking intercepted the class members’
communications while they were in transit from the class
members’ computing devices to the web servers of the firstparty websites the class members used their browsers to
visit.”54
The highly specific allegations contained in the body
of the complaint, however, give no credence to the
complaint’s later allegations that the defendants acquired their
internet history information from transmissions between the
plaintiffs’ browsers and first-party websites. With respect to
the mechanics of the defendants’ acquisition of web browsing
information, the interior of the complaint says that, “[u]pon
receiving a []GET[] request from a user seeking to display a
particular webpage, the server for that webpage will
subsequently respond to the browser, instructing the browser
to send a []GET[] request to the third-party company charged
with serving the advertisements for that particular
webpage.”55 As to Google specifically, the complaint likewise
pleads that “the server hosting the publisher’s webpage . . .
instructs the user’s web browser to send a GET request to
Google to display the relevant advertising information for the
53
Compl. ¶ 206.
54
Compl. ¶ 208.
55
Compl. ¶ 41.
29