Frasco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERICA FRASCO, et al., Case No. 21-cv-00757-JD

Plaintiffs,

SUMMARY JUDGMENT ORDER RE

v. META AND FLO

FLO HEALTH, INC., et al., Defendants.

12 This order resolves the motions for summary judgment filed by defendants Flo and Meta. Dkt. Nos. 528, 536. The parties’ familiarity with the record is assumed. Summary judgment is granted and denied in part. I. META’S MOTION First, summary judgment is granted on the claim under the Wiretap Act, 18 U.S.C. § 2511. There is no liability under the Act if “one of the parties to the communication” gives “prior consent,” id. § 2511(2)(d), and the undisputed record shows that Flo consented to Meta’s data collection practices. The Court notes that plaintiffs did not seek class certification of this claim, see Dkt. No. 477, and that the basis of dismissal re Meta was not raised by Google in its summary judgment papers, see Dkt. No. 338 at 19. Second, summary judgment on the claims under…