In Re Intuit Privacy Litigation

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6)

The court, Judge Robert J. Timlin, has read and considered defendant Intuit, Inc. (“Defendant”)’s motion (the “Motion”) pursuant to Fed.R.Civ.P. 12(b)(6) (“Rule 12(b)(6)”), plaintiffs Theresa Bruce and Joel Newby, on behalf of themselves and all others similarly situated (“PIaintiffs”)’s ' opposition, and Defendant’s reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

Plaintiffs filed their first consolidated amended class action complaint (the “FAC”) in this court on July 28, 2000. Plaintiffs allege three federal statutory-based claims for violations of 18 U.S.C. § 2701 , et seq. (“Section 2701”), 18 U.S.C. § 2511 , et seq. (“Section 2511”), 18 U.S.C. § 1030 , et seq. (“Section 1030”) and two supplemental state claims: one based upon alleged violations of Article I, Section 7 of the California Constitution and a second for unjust enrichment (the “Supplemental State Claims”).

Plaintiffs are computer-users who have visited Defendant’s website: “www.quicken.com.” Plaintiffs allege that Defendant violated their privacy rights during these…