Crowley

Crowley v. Cybersource Corp.

Good Law

166 F. Supp. 2d 1263·2001 WL 1173874·2001 U.S. Dist. LEXIS 17020

United States District Court, Northern District of CaliforniaSeptember 13, 2001C-00-3180California3,727 words

Opinion

Orrick, J.

MEMORANDUM DECISION AND ORDER

This is a putative class action brought pursuant to the Federal Wiretap Act (“Wiretap Act”), 18 U.S.C. §§ 2510-2522 , and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701-2719 , by plaintiff Daragh Crowley (“Crowley”) against defendants CyberSource Corporation (“CyberSource”) and Amazon.com, Inc. (“Amazon”). Crowley alleges that he went to Amazon’s web site to purchase goods, and gave Amazon his name, e-mail address, mailing address, credit card number and expiration date, and telephone number. Amazon then transmitted this information to CyberSource, a company that verifies the identity of a person making an online purchase. Crowley’s claims focus on his allegation that CyberSource stored the information he sent it, and used it to create a personal profile. Crowley claims that Amazon and CyberSource thus violated the Wiretap Act and the ECPA, invaded his privacy, acted negligently towards him, and committed other unlawful acts.

CyberSource now moves to dismiss Crowley’s first amended complaint (“amended complaint”) for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and Amazon moves to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.