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Copyright | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 626 Letter filed by The Wave Studio, LLC ENDORSEMENT: The Court thanks Plaintiff for clarifying. By no later than 10/16/2026, the parties are directed to submit a joint letter updating the Court on the status of private mediation. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 7/22/2026) (ks)
Other Statutory Actions | Massachusetts
Order on Motion to Dismiss
Judge Myong J. Joun: ELECTRONIC ORDER entered Defendant Tripadvisor moves to dismiss Counts I, II, and III of the First Amended Complaint (“FAC”) under Rules 12(b)(1) and 12(b)(6), arguing that Plaintiffs lack Article III standing, the claims are time-barred, and the Complaint fails to state a claim under the California Invasion of Privacy Act (“CIPA”). Under Article III, Plaintiffs must allege a concrete and particularized injury fairly traceable to Defendant’s conduct. Spokeo, Inc. v. Robins, 578 U.S. 330 (2016); TransUnion LLC v. Ramirez, 594 U.S. 413 (2021). Consistent with First Circuit precedent, I must determine whether Plaintiffs have alleged a concrete injury bearing a close relationship to a traditionally recognized harm. See Kerin v. Titeflex Corp., 770 F.3d 978, 981 (1st Cir. 2014); Katz v. Pershing, LLC, 672 F.3d 64, 71-80 (1st Cir. 2012). Here, the FAC alleges that Tripadvisor employed the Meta Pixel to transmit information concerning Plaintiffs’ website interactions to Meta without their consent. The FAC further alleges that Plaintiffs’ browsing activity and identifying information were intercepted during their communications with Defendant’s website. At the pleading stage, I must accept these factual allegations as true and draw all reasonable inferences in Plaintiffs’ favor. Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 7 (1st Cir. 2011). Construed in that light, Plaintiffs have plausibly alleged an invasion of privacy sufficiently concrete to satisfy Article III. Whether discovery ultimately substantiates those allegations is a question for a later stage of the litigation. Defendant’s remaining arguments are likewise unavailing at this stage. The FAC plausibly alleges conduct that, if proven, could fall within the scope of the CIPA provisions invoked, and Defendant’s contrary interpretation raises issues more appropriately resolved on a fuller factual record. Similarly, dismissal on statute-of-limitations grounds is inappropriate because the timeliness of Plaintiffs’ claims depends upon factual questions concerning when Plaintiffs discovered, or reasonably should have discovered, the alleged violations. Those issues cannot be resolved on the face of the pleadings. Accordingly, Defendant’s Motion to Dismiss, Doc. No. 20 , is DENIED. Defendant shall file an Answer to the FAC within 14 days. (SP)
Defendant Tripadvisor moves to dismiss Counts I, II, and III of the First Amended Complaint (“FAC”) under Rules 12(b)(1) and 12(b)(6), arguing that Plaintiffs lack Article III standing, the claims are time-barred, and the Complaint fails to state a claim under the California Invasion of Privacy Act (“CIPA”). Under Article III, Plaintiffs must allege a concrete and particularized injury fairly traceable to Defendant’s conduct. Spokeo, Inc. v. Robins, 578 U.S. 330 (2016); TransUnion LLC v. Ramirez, 594 U.S. 413 (2021). Consistent with First Circuit precedent, I must determine whether Plaintiffs have alleged a concrete injury bearing a close relationship to a traditionally recognized harm. See Kerin v. Titeflex Corp., 770 F.3d 978, 981 (1st Cir. 2014); Katz v. Pershing, LLC, 672 F.3d 64, 71-80 (1st Cir. 2012). Here, the FAC alleges that Tripadvisor employed the Meta Pixel to transmit information concerning Plaintiffs’ website interactions to Meta without their consent. The FAC further alleges that Plaintiffs’ browsing activity and identifying information were intercepted during their communications with Defendant’s website. At the pleading stage, I must accept these factual allegations as true and draw all reasonable inferences in Plaintiffs’ favor. Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 7 (1st Cir. 2011). Construed in that light, Plaintiffs have plausibly alleged an invasion of privacy sufficiently concrete to satisfy Article III. Whether discovery ultimately substantiates those allegations is a question for a later stage of the litigation. Defendant’s remaining arguments are likewise unavailing at this stage. The FAC plausibly alleges conduct that, if proven, could fall within the scope of the CIPA provisions invoked, and Defendant’s contrary interpretation raises issues more appropriately resolved on a fuller factual record. Similarly, dismissal on statute-of-limitations grounds is inappropriate because the timeliness of Plaintiffs’ claims depends upon factual questions concerning when Plaintiffs discovered, or reasonably should have discovered, the alleged violations. Those issues cannot be resolved on the face of the pleadings. Accordingly, Defendant’s Motion to Dismiss, Doc. No. 20 , is DENIED. Defendant shall file an Answer to the FAC within 14 days.
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