Facts

Gamestop Inc. has a web chat feature on its website that allows customers to ask questions or help with the site, products, or orders. On October 21, 2022, Vincent Pena filed a class action suit against Gamestop asserting claims for violations of the Federal Wiretap Act, and the California Invasion of Privacy Act.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant, through its website's chat feature, secretly monitors, records, and creates transcripts of all communications without the customers' knowledge. Moreover, according to plaintiff, these transcripts are shared with a third party, Zendesk, that boasts its ability to obtain personal data from chat transcripts for sales and marketing purposes.

DEFENDANT'S CONTENTIONS: Defendant argued that the case should be dismissed because, pursuant to the "party exception," it was exempt from liability under both statutes--that defendant was the party that was meant to, and did receive plaintiff's communications.

Result

Defendant's motion to dismiss was granted and case dismissed after plaintiff failed to amend complaint within allotted time.