Judge Allows Plaintiffs to Amend CIPA Claims in Tesla Case
Plaintiffs have two weeks to amend a class action lawsuit claiming Tesla violated the California Invasion of Privacy Act (CIPA), the U.S. District Court for Central California said in a ruling filed Monday in case 5:25-cv-01982 (see 2512050017).
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Plaintiff Peter Dawidzik claims Tesla collects user information -- such as IP addresses, pages visited, mouse movements and even geolocation based on IP -- from trackers on its site, and that information is then used for marketing, despite a lack of consent from himself and other users.
In her nine-page ruling, Judge Kenly Kiya Kato granted Tesla’s motion to dismiss, finding that the courts lack "subject matter jurisdiction” because the plaintiff hasn’t “alleged an injury in fact to establish standing.”
Kato filed the dismissal with “leave to amend,” saying the court can’t conclude that an amended complaint would be “futile.” Failure to file a second amended complaint in two weeks "will result in this action being dismissed for failure to prosecute and comply with Court orders,” said Kato.