In re Carrier IQ, Inc.
United States District Court for the Northern District of California
78 F. Supp. 3d 1051 (2015)
Carrier IQ Inc.’s (IQ) software came pre-installed on the mobile phones of 18 customers (plaintiffs). The software collected personal data and communications from the customers without their knowledge. The customers brought suit against mobile phone manufacturers (defendants), alleging a breach of the implied warranty of merchantability. The defendants filed a motion to dismiss, arguing that the ordinary purpose of a mobile device is communication and that there was no claim that the customers’ phones were unable to engage in communication.
Rule of Law
Holding and Reasoning (Chen, J.)
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