Swarts
Swarts v. The Home Depot, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JASON SWARTS, Case No. 23-cv-0995-JST
Plaintiff,
ORDER DENYING IN PART AND
v. GRANTING IN PART MOTION TO
DISMISS
THE HOME DEPOT, INC., Re: ECF No. 23 Defendant.
12 Before the Court is Defendant The Home Depot, Inc.’s (“Home Depot”) motion to dismiss. ECF No. 23. The Court will deny the motion in part and grant it in part. I. BACKGROUND Home Depot is a home improvement retailer with more than 2,300 stores across North America. ECF No. 17 ¶ 18. It is incorporated in Delaware, and its principal place of business is in Georgia. ECF No. 23 at 14. Home Depot’s website includes an online “chat feature” which allows visitors to have conversations with customer service representatives. ECF No. 17 ¶¶ 17–18. Home Depot records those conversations without providing notice to customers. Id. ¶¶ 17, 25–26. Home Depot also contracts with LivePerson, which is a company that provides software to “analyz[e] the data and …