D'Angelo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NOELLE D’ANGELO and ANTHONY Case No. 23-cv-0981-BAS-DDL D’ANGELO, individually and on behalf of 12 all others similarly situated, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S Plaintiffs, MOTION TO DISMISS (ECF No. 9) 14 v. 15 PENNY OPCO, LLC, d/b/a JCPENNEY, 16 Defendant.

18 This action is one in a series of consumer privacy actions sweeping California as advocates attempt to crack down on consumer privacy issues brought on by today’s digital age. Plaintiffs Noelle D’Angelo and Anthony D’Angelo (collectively, “Plaintiffs”) commenced this lawsuit against Penney OpCo, LLC (“JC Penney” or “Defendant”) pursuant to California statutory and common-law privacy claims. Plaintiffs allege, on behalf of themselves and a putative class, that Defendant violated state law by permitting at least one third party, Vergic, to intercept and analyze Plaintiffs’ and class members’ online chats with Defendant’s customer service representatives via …