Fregosa

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAWN FREGOSA, Case No. 25-cv-01094-CRB

8 Plaintiff,

ORDER DENYING MOTION TO

9 v. DISMISS

10 MASHABLE, INC., Docket No. 34 11 Defendant.

12 13 I. INTRODUCTION 14 Plaintiff Dawn Fregosa brings this putative class action against Defendant 15 Mashable, Inc. (“Mashable”) under the California Invasion of Privacy Act (“CIPA”), Cal. 16 Penal Code §§ 630, et seq. Fregosa alleges that Mashable violated the Pen Register Act by 17 embedding third-party trackers on its website. According to the Second Amended 18 Complaint (“SAC”), these trackers unlawfully recorded users’ IP addresses and device 19 identifiers and transmitted that data to third parties for advertising and profiling. 20 Mashable moves to dismiss the SAC under Rule 12(b)(6), raising three arguments: 21 (1) that the Pen Register Act applies only to person-to-person communications rather than 22 general website activity; (2) that even if the Pen Register Act applies,…