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Defense Seeks Motion to Dismiss in Wiretap Act Privacy Claim

August 25, 2014

​Fenwick & West litigation chair Rodger Cole told Law360 he expects the scope of a multidistrict class action suit against his client Carrier IQ Inc. will soon be rolled back, when U.S. District Court Judge Edward M. Chen grants a pending motion to dismiss the lawsuit’s Wiretap Act claims.

Carrier IQ and other companies including HTC Corp. and Samsung Electronics Co. have been sued for allegedly collecting customers’ phone data illegally. The data-collection software cited in the litigation was developed by Carrier IQ and installed in mobile phones by a number of manufacturers.

The defense motion to dismiss argues the plaintiffs’ complaint falls short of the Wiretap Act bar by failing to claim that data acquisition was contemporaneous with transmission and that the companies had “intercepted” the “contents” of electronic communications.

“Plaintiffs have a fundamental misunderstanding of the capability of the Carrier IQ software and the information the software provides to carriers to improve service,” said Cole. “When Judge Chen has an opportunity to review the allegations in the complaint, we believe many if not all of the claims will be dismissed.”

The full article is available through the Law360 website (subscription required).