Cody v. Boscovs, Inc.

Court: U.S. District Court for the Central District of California

Date: November 14, 2022

Issue on Appeal: Whether the use of website chat functions by retailers violates the California Invasion of Privacy Act (CIPA), including whether retaining customer communications or using third-party chat vendors constitutes unlawful recording or interception.

RLC’s Position: The RLC argues that CIPA does not apply to website chat functions, where customers voluntarily send written communications to retailers. Because users knowingly transmit messages intended for the retailer—and written communications inherently allow for retention—there is no unlawful interception or recording. The RLC further contends that these claims are part of a broader wave of meritless, copycat litigation exploiting statutory damages, which threatens to impose significant costs on retailers and discourage the use of widely beneficial customer service tools.

Other Amici: None.

Counsel: P. Craig Cardon, Jay T. Ramsey, and Gian A. Ryan, Sheppard Mullin Richter & Hampton LLP.