case, and plaintiffs state no Wiretap Act violation per 18
U.S.C. § 2511(2)(d). The alleged intrusion upon the
plaintiffs’ personal computing devices does not implicate a
“facility” protected by the Stored Communications Act. And
the plaintiffs plead no cognizable losses as required by the
Computer Fraud and Abuse Act.
We will vacate the District Court’s dismissal of the
plaintiffs’ freestanding privacy claims against Google under
the California Constitution and California tort law. A
reasonable factfinder could conclude that the means by which
defendants allegedly accomplished their tracking, i.e., by way
of a deceitful override of the plaintiffs’ cookie blockers,
marks the serious invasion of privacy contemplated by
California law. But we will affirm the dismissal of the
remainder of the plaintiffs’ state law claims. The plaintiffs fail
to plead a violation of the California Invasion of Privacy Act
for the same reason that they fail to plead a violation of the
federal Wiretap Act. Likewise, because they do not show
loss, the plaintiffs fail to show violations of the California
Unfair Competition Law or the California Comprehensive
Computer Data Access and Fraud Act. Finally, the plaintiffs
do not plead a “sale” as required by the California Consumers
Legal Remedies Act.
60
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