Mirmalek

I. BACKGROUND

1 A. Factual Allegations 2 1. The Parties 3 Plaintiff is a citizen of California and was present in California when she accessed 4 the Website. Compl. (dkt. 1) ¶ 6. Plaintiff seeks to represent a class defined as “all 5 California residents who accessed the Website in California and had their IP address 6 collected by the Trackers.” Id. ¶ 94. Defendant is a Delaware Limited Liability Company 7 with its principal place of business in California. Id. ¶ 7. 8 2. The Dispute Between the Parties 9 Plaintiff alleges that when users visit the Website, Defendant causes three 10 trackers—the TripleLift Tracker, GumGum Tracker, and Audiencerate Tracker 11 (collectively, the “Trackers”)—to be installed on Website visitors’ internet browsers. Id. 12 ¶¶ 28, 38, 49. Plaintiff alleges that Defendant then uses these Trackers to collect Website 13 visitors’ IP addresses without the users’ consent or a court order. Id. ¶¶ 64, 66. 14 In relevant part, CIPA § 638.51(a) prohibits any “person” from “install[ing] or 15 us[ing] a pen register or trap and trace device without first obtaining a court order,” or 16 obtaining the consent of the user. Cal. Penal Code §§…