Javier

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 FLORENTINO JAVIER, Case No. 20-cv-02860-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

DISMISS

ASSURANCE IQ, LLC, et al., Defendants.

Plaintiff Florentino Javier (“Javier”) sues Assurance IQ, LLC, an insurance website operator, and ActiveProspect Inc., a software provider (together, “Defendants”), for violations of Section 631 the California Invasion of Privacy Act (“CIPA”) and Invasion of Privacy under the California Constitution. See SAC (dkt. 38). Javier alleges that during his visit to Assurance’s website, Nationalfamily.com, Defendants, through Active Prospect’s software, “secretly observe[d] and record[ed] [his] keystrokes, mouse clicks, and other electronic communications.” Id. ¶ 4. After two prior orders on motions to dismiss before Judge White, which held that Javier consented to Defendants’ information collection by assenting to Assurance’s Privacy Policy at the end of his interaction with the website, the Ninth Circuit…