This case was last updated from PACER on 10/02/2021 at 08:16:55 (UTC).

Castro v. Nike, Inc.

Case Summary

On September 30, 2021, Lisa Castro (“Plaintiff”) individually and on behalf of all others similarly situated, represented by Joel Dashiell Smith of Bursor & Fisher, P.A., filed a personal property fraud lawsuit against Nike, Inc. (“Defendant”), seeking declaratory, monetary relief, and damages among other relief along with prejudgement interest, costs, and attorney’s fees for alleged invasion of privacy and data breach by Defendant. This case was filed in the United States District Court in the Eastern District of California with Judges Morrison C. England, Jr. and Jeremy D. Peterson presiding.

 

In the complaint, Plaintiff alleged that, “In October 2020, Ms. Castro visited the Website. During the visits, FullStory—as enabled by Defendant—recorded Plaintiff’s electronic communications in real time and without consent, including Plaintiff’s mouse clicks, keystrokes, and payment card information.”

 

Plaintiff further alleged that, “FullStory not only records users’ electronic communications in real time for later viewing, but also allows websites to monitor them live. “For sessions that are actively recording and we are still receiving events from a user (meaning the last page in their session is still open), you’ll see a ‘Go Live’ button at the end of the playback bar. Once you click on the button, you’ll essentially be riding along in near real time with the user with no need to refresh the playback.”

 

Plaintiff also alleged that, “Neither Plaintiff nor any Class member consented to being wiretapped on the Website, nor to have their communications recorded and shared with FullStory. Any purported consent that was obtained was ineffective because (i) the wiretapping began from the moment Plaintiff and Class members accessed the Website; (ii) the Privacy Policy did not disclose the wiretapping or FullStory; and (iii) the hyperlink to the Privacy Policy is inconspicuous and therefore insufficient to provide notice.”

 

There is only one claim of relief laid down by Plaintiff that deals with the alleged violation of The California Invasion of Privacy Act, Cal. Penal Code § 631.

 

In its prayer for relief, Plaintiff requested the court to certify the Class under Rule 23, naming Plaintiff as the representative of the Class, and naming Plaintiff’s attorneys as Class Counsel to represent the Class. Plaintiff further requested the court to declare that Defendant’s conduct violates The California Invasion of Privacy Act, Cal. Penal Code § 631 and order finding in favor of Plaintiff and the Class on all counts asserted. Plaintiff also requested the court for damages including compensatory, punitive, and statutory damages plus prejudgment interest and an order of injunction and restitution and all other forms of equitable monetary relief along with reasonable attorneys’ fees, costs and expense to Plaintiff and Class members or any other relief that the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01808

  • Filing Date:

    09/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Morrison C. England, Jr

Referral Judge

Jeremy D. Peterson

 

Party Details

Plaintiff

Lisa Castro

Defendant

Nike, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Joel Dashiell Smith

Attorney at Bursor & Fisher, P.A.

1990 North California Blvd., Suite 940

Walnut Creek, CA 94596

 

Court Documents

3 #2

VDRP

3 #1

Consent Form

3 #3

Main Document

#2

(#2) SUMMONS ISSUED as to *Nike, Inc.* with answer to complaint due within *21* days. Attorney *Joel Dashiell Smith* *Bursor & Fisher, P.A.* *1990 North California Blvd., Suite 940* *Walnut Creek, CA 94596*. (Kaminski, H) (Entered: 10/01/2021)

1 #1

Civil Cover Sheet

1 #1

Main Document

 

Docket Entries

  • 10/01/2021
  • View Court Documents
  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kaminski, H) (Entered: 10/01/2021)

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  • 10/01/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to *Nike, Inc.* with answer to complaint due within *21* days. Attorney *Joel Dashiell Smith* *Bursor & Fisher, P.A.* *1990 North California Blvd., Suite 940* *Walnut Creek, CA 94596*. (Kaminski, H) (Entered: 10/01/2021)

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  • 09/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Nike, Inc. by Lisa Castro. Attorney Smith, Joel Dashiell added. (Filing fee $ 402, receipt number ACAEDC-9849379) (Attachments: #1 Civil Cover Sheet)(Smith, Joel) (Entered: 09/30/2021)

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