On February 2, 2021, Magistrate Judge Susan van Keulen of the U.S. District Court for the Northern District of California granted-in-part and denied-in-part Defendant Alphabet, Inc.’s (“Google”) motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and Rule 12(b)(6).
Judge van Keulen denied Google’s motion to dismiss pursuant to Rule 12(b)(1) for lack of Article III standing, rejecting Google’s argument that Plaintiff had consented to the alleged data collection. Furthermore, Judge van Keulen denied Google’s motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim under California Civil Code § 1709, California Unfair Competition Law, breach of contract, and request for relief under the Declaratory Judgment Act, and granted Plaintiff leave to amend his California constitutional and common-law privacy claims, California Consumers Legal Remedies Act, and California’s Invasion of Privacy Act claims.
Lowey Dannenberg’s Christian Levis is leading the prosecution in this ongoing class action. The case is McCoy v. Alphabet, Inc., No. 20-cv-05427 (N.D. Cal.) and the opinion can be found here: