space on the page for which Google has agreed to sell display
advertisements.”56
If users’ browsers directly communicate with the
defendants about the webpages they are visiting—as the
complaint pleads with particularity—then there is no need for
the defendants to acquire that information from transmissions
to which they are not a party. After all, the defendants would
have the information at issue anyway. Underscoring that there
are direct transmissions between the plaintiffs and the
defendants, the complaint notes that the defendants place
cookies on web browsers “in the process of injecting the
advertisements,”57 which are “serve[d] . . . directly from the
third-party company’s servers rather than going through the
individual website’s server.”58
The complaint’s descriptions of how tracking is
accomplished, meanwhile, further supports that the
information was captured from the plaintiffs’ GET requests to
the defendants. According to the complaint:
The information is sent to the companies and
associated with unique cookies -- that is how
the tracking takes place. The cookie lets the
tracker associate the web activity with a unique
person using a unique browser on a device.
Once the third-party cookie is placed in the
56
Compl. ¶ 86.
57
Compl. ¶ 45.
58
Compl. ¶ 41.
30