Penkava v. Yahoo: dismissed

Carson Penkava, who was suing Yahoo! under California wiretapping laws, filed for dismissal with prejudice at the end of November. No reasons were given.

Plaintiff hereby voluntarily dismisses the litigation with prejudice as to his individual claims and without prejudice as to the potential claims of any absent putative class members. The rights of absent putative class members will not be prejudiced by the dismissal of the Plaintiff’s claim because no class has been certified in this litigation.

I talked about this case previously (here, here, and here) and I don’t have much more to say now. I thought it was pretty unlikely that there was an actual violation going on here. Now I guess we have to wait for another case to see if this is true.

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People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that he can use the California Invasion of Privacy Act (“CIPA”), (Cal. Penal Code § 630, et seq;) to stop Yahoo from doing this. Additionally, there is a whole class of people who live in every state but California who have also been harmed by Yahoo’s actions. The plaintiff would like the court to make Yahoo stop doing this. (First Amended Complaint)
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