Jones

I. FACTUAL ALLEGATIONS

26 Defendant is a California-headquartered manufacturer of internet-enabled home 27 fitness equipment. ECF No. 1-2, Compl. ¶ 4. Defendant maintains a customer support chat 28 feature on its website, the mechanics of which are the subject of this dispute. The Plaintiff is a California citizen who along with class members visited Tonal’s website and “engaged with the ‘chat’ feature of the Website to communicate with Defendant.” Id. at ¶ 25. Defendant’s website chat feature includes an Application Programming Interface (“API”) run by a third-party vendor called Drift. Id. at ¶¶ 15-16. Drift API is a piece of computer code that creates and stores transcripts of conversations that take place between website visitors and Tonal agents in the chat feature. Id. at ¶ 15. According to the Complaint,2 although “consumers interact with the chat service on Defendant's Website, [such that] it appears they are only communicating with a company representative of Defendant[,]” Plaintiff and Class Members’ messages to Tonal are “first routed through Drift’s server.” Id. at ¶¶ 16-17. Drift thereby gains the ability to…