Gonzales v. Uber Techs., Inc.

Plaintiff Michael Gonzales brings this action on his own behalf and as a putative class action for Lyft drivers whose electronic communications and whereabouts were allegedly intercepted, accessed, monitored, and/or transmitted by Defendants Uber Technologies, Inc., Uber USA LLC, and Raiser-CA (together, "Uber"). Now pending before the Court is Defendants' motion to dismiss Plaintiff's First Amended Complaint ("FAC"). (Dkt. No. 38.) Having carefully reviewed the parties' briefing and having had the benefit of oral argument on January 11, 2018, the Court GRANTS Defendants' motion with leave to amend.

FIRST AMENDED COMPLAINT ALLEGATIONS

A. The Lyft App

"Lyft provides technology that operates similar to a taxi company's dispatch system." (Dkt. No. 34 ¶ 3.) "A rider requests a ride using a software application on his or her phone (the 'Lyft App')." ( Id. ) After a rider logs on to the Lyft App, the App sends a Hypertext Transfer Protocol ("HTTP") request to Lyft's servers. ( Id. ¶ 65.) The HTTP request contains the passenger's Lyft ID and GPS coordinates. ( Id. ¶ 66.) Lyft's servers respond to the Lyft App's request with a list of nearby drivers who are logged in and who have…