78 F. Supp. 3d 1125
N.D. Cal.2015Background
- Plaintiff Miguel Garcia used Zimride (a ridesharing platform formerly owned by Lyft, acquired by Enterprise) and alleges each use caused Zimride to transmit his personal information to Mixpanel, a third‑party analytics firm.
- Zimride’s signup flow required Facebook login and displayed a notice of the Facebook data Zimride would receive; hyperlinks to Zimride’s Terms of Service (TOS) and Privacy Policy were on the login screen next to an “Okay” button.
- Plaintiff alleges the transmitted data included gender, age, zip code, metro region, travel plans, Facebook profile link, and a unique identifier, and that disclosure to Mixpanel violated Cal. Penal Code § 637.6 (CIPA § 637.6) because it occurred without his prior written consent.
- Defendants moved to dismiss under Rule 12(b)(6), arguing (1) they are not proper defendants under § 637.6, (2) the complaint fails to allege prohibited disclosure/use, and (3) Plaintiff did not adequately plead lack of consent.
- The court accepted judicial notice of Zimride’s TOS and Privacy Policy, found the pleaded facts insufficient to show non‑consensual disclosure for a purpose other than establishing/implementing a rideshare program, and concluded Plaintiff failed to adequately allege lack of prior written consent.
- The FAC was dismissed with leave to amend; Plaintiff given 21 days to file an amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants are "persons" subject to § 637.6 | Zimride/its employees acquired and disclosed his data; vicarious liability applies | § 637.6 targets persons who assist private entities; defendants are the private entities, not assistants | Court: FAC did not plead respondeat superior; construing statute to treat entities as assisting themselves would render language superfluous; defendants not shown to be improper on that basis but other arguments addressed |
| Whether disclosed data qualifies as "personal information" and was used/disclosed for a non‑rideshare purpose | The categories alleged (age, zip, travel plans, FB link, identifier) are personal info and could be misused | Plaintiff did not allege Mixpanel used the data for any purpose other than rideshare implementation | Court: Alleged fields qualify as "personal information," but plaintiff failed to allege Mixpanel (or defendants) used/disclosed it for a non‑permitted purpose |
| Whether plaintiff adequately pleaded lack of "prior written consent" required by § 637.6 | Plaintiff alleges he was not informed of and did not consent to transmission to Mixpanel | Zimride’s Privacy Policy/TOS disclose sharing with agents/service providers and state users represent they read and agree; these contradict plaintiff’s bare denial of consent | Court: Lack of prior written consent is an element that must be pleaded; the Privacy Policy/TOS (properly considered) undermine plaintiff’s allegation, so more factual detail is required |
| Whether the complaint survives Rule 12(b)(6) | Complaint states a plausible claim based on statutory violation | Complaint fails to plead essential elements (non‑permitted use, lack of consent) and relies on documents that negate allegations | Court: Dismiss for failure to state a claim, with leave to amend |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state a plausible claim; court need not accept threadbare legal conclusions)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must plead enough facts to make claim plausible)
- Navarro v. Block, 250 F.3d 729 (9th Cir. 2001) (Rule 12(b)(6) tests legal sufficiency of claims)
- Nguyen v. Barnes & Noble Inc., 763 F.3d 1171 (9th Cir. 2014) (distinguishing browsewrap and clickwrap and when browsewrap can bind users)
- Knievel v. ESPN, 393 F.3d 1068 (9th Cir. 2005) (on incorporation by reference at motion to dismiss)
- In re Gilead Sciences Securities Litigation, 636 F.3d 1049 (9th Cir. 2011) (court need not accept allegations contradicted by documents properly subject to judicial notice)