Colby

BACKGROUND

25 This case is an online, data privacy class action concerning the transmission of personally 26 identifiable information to unauthorized third parties. (ECF No. 1, ¶ 3.) Defendant VisionWorks 27 is a Texas corporation, with its principal place of business in San Antonio, where it offers optometry and retail services nationwide. (Id. at ¶¶ 10, 40.) Plaintiffs reside in California, Illinois, Maryland, and New York. (Id. at ¶¶ 16, 22, 28, 34.) Plaintiffs allege that while using Defendant’s scheduling website, VisionWorks collected and transmitted personally identifiable, sensitive health information to unauthorized third parties, such as Alphabet, Inc. (Google), through online tracking tools, in violation of the Health Insurance Portability and Accountability Act (“HIPPA”). (Id. at ¶¶ 3, 12-⁠13.) On April 3, 2025, Plaintiffs filed a putative class action against VisionWorks, alleging the following claims: 1) Invasion of Privacy – Intrusion Upon Seclusion; 2) Breach of Confidence; 3) Breach of Fiduciary Duty; 4) Negligence; 5) Breach of Implied Contract; 6) Unjust Enrichment; 7) violations of Electronic Communications…