Backhaut
Backhaut v. Apple, Inc.
Opinion
Lead Opinion
Koh, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
Plaintiffs Adam Backhaut, Bouákhay Joy Backhaut, and Kenneth Morris (collectively, “Plaintiffs”) bring this Complaint, a putative class action on behalf of themselves and others similarly situated against Defendant Apple, Inc. (“Defendant”) for violations of the Stored Communications Act, 18 U.S.C. § 2701 ; the Wiretap Act, 18 U.S.C. § 2510 ; California’s Unfair Competition Law, Cal. Bus. & Prof.Code § 17200; and California’s Consumers Legal Remedies Act, Cal. Civ.Code § 1750. Compl., ECF. No. 1. The gravamen of Plaintiffs’ Complaint is that Apple wrongfully intercepts, stores, and otherwise prevents former Apple device users from receiving text messages sent to them from current Apple device users. Before the Court is Defendant’s motion to dismiss Plaintiffs’ Complaint. (“MTD”), ECF No. 12. Plaintiff opposed the motion. (“Opp.”), ECF No. 16. Defendant replied. (“Reply”), ECF No. 17. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby grants in part and denies in part Defendant’s motion to dismiss for the reasons stated below.