conclusions that can reasonably be drawn therefrom.”69 This
standard permits the dismissal of a complaint “when [the]
defendant’s plausible alternative explanation is so convincing
that plaintiff’s explanation is im plausible.”70 Here, the
operative allegations of the complaint support only the
conclusion that the defendants acquired the plaintiffs’ internet
history information by way of GET requests that the plaintiffs
sent directly to the defendants, and that the defendants
deployed identifier cookies to make the information received
from GET requests associable and thus trackable. And though
the portion of the complaint pertaining to the Wiretap Act
contains statements to the contrary, we need not give legal
effect to “conclusory allegations” that are contradicted by the
pleader’s actual description of what happened.71
In short, our understanding of the plaintiffs’
allegations is that the defendants acquired the plaintiffs’
internet history information when, in the course of requesting
webpage advertising content at the direction of the visited
website, the plaintiffs’ browsers sent that information directly
to the defendants’ servers.
69
5B Fed. Prac. & Proc. Civ. § 1357 (3d ed.) (“Motions to
Dismiss—Practice Under Rule 12(b)(6)”).
70
Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011) (citing
Fed. R. Civ. P. 8(a)(2); Ashcroft v. Iqbal, 556 U.S. 662
(2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544
(2007)).
71
5B Fed. Prac. & Proc. Civ. § 1357.
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