Turner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANA TURNER, et al., Case No. 22-cv-05827-DMR

Plaintiffs,

ORDER

v. Re: Dkt. No. 49 NUANCE COMMUNICATIONS, INC., Defendant.

This action began with two separately-filed putative class actions in which three named plaintiffs alleged that Defendant Nuance Communications, Inc. (“Nuance”) violated the California Invasion of Privacy Act (“CIPA”). The court consolidated the matters on May 31, 2023 and Plaintiffs subsequently filed a consolidated amended class action complaint. [Docket No. 34 (“CFAC”).] Nuance moves to dismiss the CFAC for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). [Docket No. 49 (“Mot.”).] The court held a hearing on April 11, 2024. For the following reasons, the motion is granted in part and denied in part. I. FACTUAL BACKGROUND Plaintiffs make the following allegations in the CFAC, all of which are taken as true for purposes of the motion to dismiss. Nuance “markets and provides an artificial…