Busby

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RUHSON BUSBY, et al., Case No. 24-cv-05542-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v.

INVOCA, INC., Defendant.

12 Invoca, Inc.’s motion to dismiss, Dkt. No. 23, is denied. For plaintiffs’ first claim, the FAC plausibly alleges that Invoca is a “third party wiretapper” that has violated the California Invasion of Privacy Act (CIPA), Cal. Penal Code § 631(a). See Dkt. No. 21 (FAC) ¶¶ 60-74. Invoca says that it is merely an “extension of DISH and DirecTV,” Dkt. No. 23 at 4, but the FAC alleges otherwise, which decides the question at this pleading motions stage. Among other allegations, the FAC says that Invoca is a separate legal entity from DISH and DirecTV, and that DISH and DirecTV are Invoca’s customers. The FAC also alleges that Invoca recorded conversations between plaintiffs and DISH and DirecTV in which Invoca was not a party. See, e.g., FAC ¶¶ 4-5. In addition, the FAC alleges that Invoca expressly claims the right to independently use data from the…