Yahoo Says Electronic Privacy Law Trumps Email Spying Claims

Law360, New York (September 10, 2012, 2:53 PM EDT) -- Yahoo Inc. on Friday said the federal Electronic Communications Privacy Act preempts state claims asserted in a proposed class action accusing the company of intercepting and reviewing emails sent from non-Yahoo accounts to people with Yahoo accounts.

In his June complaint, plaintiff Carson Penkava alleges Yahoo violated the California Invasion of Privacy Act, but while CIPA governs unauthorized “wiretaps” and “eavesdropping” of confidential communications, Yahoo said it does not apply to emails.

“Nowhere do its provisions purport to apply to email communications, which by their very...
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Case Information

Case Title

Penkava v. Yahoo!, Inc.

Case Number



California Northern

Nature of Suit

Other Statutory Actions


Lucy H. Koh

Date Filed

June 28, 2012

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