Yale
Yale v. The Gap, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division AMBER YALE, Case No. 20-cv-07575-LB
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
CLICKTALE, INC., Re: ECF No. 28 Defendant. 16 INTRODUCTION Gap sells clothing online through its websites, including www.oldnavy.com. It uses Clicktale’s software (called “Event-Triggered Recorder”) to record what visitors are doing on its websites, 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 Clicktale is illegally wiretapping her communications with Gap in violation of California’s Invasion of Privacy Act (CIPA) and the California Constitution. Clicktale moved to dismiss the claims, in part on the ground that Clicktale — as Gap’s vendor for analyzing its website traffic — was a party…