Johnson v. Blue Nile, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division SUSAN JOHNSON, individually and on Case No. 20-cv-08183-LB behalf of all others similarly situated, 13 Plaintiff, ORDER GRANTING MOTION TO DISMISS v. Re: ECF No. 37 BLUE NILE, INC., et al., 16 Defendants. 17 INTRODUCTION Blue Nile sells jewelry online through its website. It uses FullStory’s software (called “session replay”) to record what visitors are doing on the Blue Nile website, such as their keystrokes, mouse clicks, and page scrolling, thereby allowing a full picture of the user’s website interactions. The plaintiff — on behalf of a putative California class — claims that FullStory is illegally wiretapping her communications with Blue Nile (and Blue Nile is aiding and abetting that eavesdropping) in violation of California’s Invasion of Privacy Act (CIPA). The defendants moved to dismiss the claims, in part on the ground that FullStory…