Tate
Tate v. Chemed Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHARMAINE TATE, individually and 2:24-cv-01327-DJC-CSK on behalf of all others similarly situated,
Plaintiff, v. ORDER
VITAS HEALTHCARE CORPORATION,
15 Defendant.
A woman called a healthcare provider to discuss sensitive details about the
provider’s hospice care for the woman’s grandmother. Unknown to the woman
calling, the healthcare provider utilized a software to listen to the contents of the call
and produce data about the call’s purpose and resolution. Via its Terms of Service,
the software creator reserved the rights to employ the data yielded from those calls
for its own busine ss and product development functions. Does the woman have a viable claim that the use of that software by the healthcare provider and the software developer violated California privacy laws? In weighing this question, the Court must determine whether the software developer is a third party separate from the healthcare provider, or an…