lawsuits were consolidated by the Multi-District Litigation
panel and assigned to Judge Sue Robinson of the District of
Delaware. This appeal is from the District Court’s dismissal
of that consolidated case.
The consolidated case was presented to the District
Court as a putative class action, and four named plaintiffs—
our appellants here—filed a consolidated class action
complaint. The putative class consists of:
all persons in the United States of America who
used the Apple Safari or Microsoft Internet
Explorer web browsers and who visited a
website from which doubleclick.net (Google’s
advertising serving service), PointRoll, Vibrant
Media, Media Innovation Group, or WPP
cookies were deployed as part of a scheme to
circumvent the users’ browsers’ settings to
block such cookies and which were thereby
used to enable tracking of the class members[’]
[i]nternet communications without consent.13
The complaint asserts three federal law claims against
all defendants. Count I claims violation of the federal Wiretap
Act, 18 U.S.C. § 2510 et seq. Count II claims violation of the
Stored Communications Act, 18 U.S.C § 2701. And Count III
claims violation of the Computer Fraud and Abuse Act, 18
U.S.C. § 1030.
13
Compl. ¶ 191.
12