Hazel et al v. Prudential Financial, Inc. et al
Case Summary
On November 23, 2022, Tyrone Hazel, Roxane Evans, Valerie Torres, and Rhonda Hyman (collectively, “Plaintiffs”), individually and on behalf of all others similarly situated, represented by Adam E. Polk, Simon S. Grille, and Nina Gliozzo of Girard Sharp LLP, filed a class action lawsuit against Prudential Financial Inc. (“Prudential”) and Activeprospect Inc. (“ActiveProspect”) (collectively, “Defendants”), seeking declaratory and injunctive relief for alleged interception of consumer information in violation of the California Invasion of Privacy Act (“CIPA”). This case was filed in the U.S. District Court for the Northern District of California, with Judges Thomas S. Hixson and Charles R. Breyer presiding.
In the complaint, the plaintiffs alleged, “Prudential Financial Inc. offers consumers an instant quote for life insurance in minutes if they fill out a form online at Prudential.com. To obtain the quote, consumers must enter private information about themselves and their health history.”
Plaintiffs further alleged, “ActiveProspect Inc. sells software that records consumer interactions with a website in real time. Website owners can use this software by adding ActiveProspect’s javascript into the source code of their webpage. Doing so permits both ActiveProspect and the website owner to record a visitor’s keystrokes and other actions on the website.”
The plaintiffs also alleged, “Prudential embedded ActiveProspect’s software in the computer code on its website to optimize its lead generation efforts. Prudential benefits financially from collecting information provided by potential customers, or ‘leads,’ who indicate an interest in purchasing services such as life insurance. Adding ActiveProspect’s software allowed both companies to surreptitiously observe and record visitors’ keystrokes, mouse clicks, and other electronic communications, including their entry of Personally Identifiable Information (‘PII’) and Protected Health Information (‘PHI’).”
The plaintiffs then alleged, “When users seeking a life insurance quote enter private information on Prudential.com, Prudential shares those communications with ActiveProspect in real time, without notifying users and without first obtaining their consent. The communications Prudential shares with ActiveProspect include its users’ geolocation and answers regarding their private personal and medical information, such as age, height, weight, information regarding medical conditions, prescribed medications, and hospitalization history. ActiveProspect’s software purports to increase the value of Prudential’s leads by harvesting extra information about each person and independently documenting the information they provided.”
Additionally, the plaintiffs alleged, “By wiretapping website user’s communications, Defendants Prudential and ActiveProspect violate the California Invasion of Privacy Act (‘CIPA’), Cal. Penal Code § 631, and invade Plaintiffs’ and class members’ privacy rights in violation of the California Constitution.”
Further, the plaintiffs alleged, “During each visit, Defendants Prudential and ActiveProspect recorded Plaintiffs’ electronic communications in real time, and used the intercepted data to learn their identity, zip code, date of birth, height, weight, use of prescription medications and tobacco products, and other PII and PHI without their consent.”
Plaintiffs presented three claims for relief, including for alleged violation of the CIPA, violation of California’s Unfair Competition Law, and invasion of privacy pursuant to Art. 1, § 1.
In the prayer for relief, the plaintiffs requested a judgment granting restitution, declaratory relief, and injunctive relief. The plaintiffs also requested an award for compensatory, statutory, and punitive damages with pre-judgment interest.
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Case Details
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Case Number:
3:22-CV-07465
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Filing Date:
11/23/2022
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Case Status:
Pending - Other Pending
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Case Type:
Personal Injury - Other Personal Injury
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Court:
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Courthouse:
Judge Details
Presiding Judge
Charles R. Breyer
Party Details
Plaintiffs
Tyrone Hazel
Roxane Evans
Valerie Torres
Rhonda Hyman
Defendants
Prudential Financial, Inc.
ActiveProspect, Inc.
Attorney/Law Firm Details
Plaintiff Attorneys
Nina Gliozzo
Adam E. Polk
Simon Seiver Grille
Defendant Attorneys
Kelly Max Klaus
Sidney Moskowitz
Virginia Grace Davis
Jonathan Hugh Blavin
Laura Danielle Smolowe
Court Documents
(#46) CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for October 13, 2023 is vacated. A Joint Case Management Statement due by 3/22/2023. Initial Case Management Conference set for 3/29/2024 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. Close of Fact Discovery due by 11/27/2024. Close of Expert Discovery due by 3/25/2025. Signed by Judge Charles R. Breyer on 10/6/2023. (ls, COURT STAFF) (Filed on 10/6/2023) (Entered: 10/06/2023)
(#45) JOINT CASE MANAGEMENT STATEMENT filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Gliozzo, Nina) (Filed on 10/6/2023) (Entered: 10/06/2023)
(#44) STIPULATION AND ORDER Regarding Discovery of Electronically Stored Information by Judge Charles R. Breyer: Granting #42 Stipulation. (ls, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)
(#43) STIPULATED PROTECTIVE ORDER by Judge Charles R. Breyer: Granting #41 Stipulation. (ls, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)
(#42) STIPULATION WITH PROPOSED ORDER regarding Discovery of Electronically Stored Information filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Grille, Simon) (Filed on 9/1/2023) (Entered: 09/01/2023)
(#41) STIPULATION WITH PROPOSED ORDER regarding Protective Order filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Grille, Simon) (Filed on 9/1/2023) (Entered: 09/01/2023)
(#40) STIPULATION AND ORDER REGARDING SUBMISSION OF STIPULATED ORDERS by Judge Charles R. Breyer: Granting #39 Stipulation. (ls, COURT STAFF) (Filed on 8/28/2023) (Entered: 08/28/2023)
(#39) STIPULATION WITH PROPOSED ORDER regarding Submission of Stipulated Orders filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Gliozzo, Nina) (Filed on 8/25/2023) (Entered: 08/25/2023)
First Amended Class Action Complaint (Redlined)
(#38) Answer to Amended Complaint #18 Amended Complaint, and Affirmative Defenses by Prudential Financial, Inc. byActiveProspect, Inc., Prudential Financial, Inc.. (Moskowitz, Sidney) (Filed on 7/24/2023) (Entered: 07/24/2023)
(#9) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Signed by Clerk on 12/07/2022. (mbc, COURT STAFF) (Filed on 12/7/2022) (Entered: 12/07/2022)
(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres.. (Gliozzo, Nina) (Filed on 12/7/2022) (Entered: 12/07/2022)
(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/16/2023. Initial Case Management Conference set for 2/23/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (ecg, COURT STAFF) (Filed on 11/23/2022) (Entered: 11/23/2022)
(#5) Summons Issued as to ActiveProspect, Inc., Prudential Financial, Inc. (ecg, COURT STAFF) (Filed on 11/23/2022) (Entered: 11/23/2022)
(#3) Certificate of Interested Entities by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres (Gliozzo, Nina) (Filed on 11/23/2022) (Entered: 11/23/2022)
(#2) Proposed Summons. (Gliozzo, Nina) (Filed on 11/23/2022) (Entered: 11/23/2022)
Civil Cover Sheet
Main Document
Docket Entries
Docket(#46) CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for October 13, 2023 is vacated. A Joint Case Management Statement due by 3/22/2023. Initial Case Management Conference set for 3/29/2024 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. Close of Fact Discovery due by 11/27/2024. Close of Expert Discovery due by 3/25/2025. Signed by Judge Charles R. Breyer on 10/6/2023. (ls, COURT STAFF) (Filed on 10/6/2023) (Entered: 10/06/2023)
[-] Read LessDocket(#45) JOINT CASE MANAGEMENT STATEMENT filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Gliozzo, Nina) (Filed on 10/6/2023) (Entered: 10/06/2023)
[-] Read LessDocket(#44) STIPULATION AND ORDER Regarding Discovery of Electronically Stored Information by Judge Charles R. Breyer: Granting #42 Stipulation. (ls, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)
[-] Read LessDocket(#43) STIPULATED PROTECTIVE ORDER by Judge Charles R. Breyer: Granting #41 Stipulation. (ls, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)
[-] Read LessDocket(#42) STIPULATION WITH PROPOSED ORDER regarding Discovery of Electronically Stored Information filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Grille, Simon) (Filed on 9/1/2023) (Entered: 09/01/2023)
[-] Read LessDocket(#41) STIPULATION WITH PROPOSED ORDER regarding Protective Order filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Grille, Simon) (Filed on 9/1/2023) (Entered: 09/01/2023)
[-] Read LessDocket(#40) STIPULATION AND ORDER REGARDING SUBMISSION OF STIPULATED ORDERS by Judge Charles R. Breyer: Granting #39 Stipulation. (ls, COURT STAFF) (Filed on 8/28/2023) (Entered: 08/28/2023)
[-] Read LessDocket(#39) STIPULATION WITH PROPOSED ORDER regarding Submission of Stipulated Orders filed by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres. (Gliozzo, Nina) (Filed on 8/25/2023) (Entered: 08/25/2023)
[-] Read LessDocket(#38) Answer to Amended Complaint #18 Amended Complaint, and Affirmative Defenses by Prudential Financial, Inc. byActiveProspect, Inc., Prudential Financial, Inc.. (Moskowitz, Sidney) (Filed on 7/24/2023) (Entered: 07/24/2023)
[-] Read LessDocket(#37) Defendant ActiveProspect, Inc.'s ANSWER to Amended Complaint and Affirmative Defenses byActiveProspect, Inc., Prudential Financial, Inc.. (Moskowitz, Sidney) (Filed on 7/24/2023) (Entered: 07/24/2023)
[-] Read LessDocket(#10) CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for February 28, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by February 21st. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-07465-HSG. The February 28th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 12/9/2022) (Entered: 12/09/2022)
[-] Read LessDocket(#9) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Signed by Clerk on 12/07/2022. (mbc, COURT STAFF) (Filed on 12/7/2022) (Entered: 12/07/2022)
[-] Read LessDocket(#8) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 12/7/2022) (Entered: 12/07/2022)
[-] Read LessDocket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres.. (Gliozzo, Nina) (Filed on 12/7/2022) (Entered: 12/07/2022)
[-] Read LessDocket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/16/2023. Initial Case Management Conference set for 2/23/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (ecg, COURT STAFF) (Filed on 11/23/2022) (Entered: 11/23/2022)
[-] Read LessDocket(#5) Summons Issued as to ActiveProspect, Inc., Prudential Financial, Inc. (ecg, COURT STAFF) (Filed on 11/23/2022) (Entered: 11/23/2022)
[-] Read LessDocket(#4) Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/7/2022. (as, COURT STAFF) (Filed on 11/23/2022) (Entered: 11/23/2022)
[-] Read LessDocket(#3) Certificate of Interested Entities by Roxane Evans, Tyrone Hazel, Rhonda Hyman, Valerie Torres (Gliozzo, Nina) (Filed on 11/23/2022) (Entered: 11/23/2022)
[-] Read LessDocket(#2) Proposed Summons. (Gliozzo, Nina) (Filed on 11/23/2022) (Entered: 11/23/2022)
[-] Read LessDocket(#1) CLASS ACTION COMPLAINT (Demand for Jury Trial) against ActiveProspect, Inc., Prudential Financial, Inc. ( Filing fee $ 402, receipt number ACANDC-17757212.). Filed by Rhonda Hyman, Tyrone Hazel, Valerie Torres, Roxane Evans. (Attachments: #1 Civil Cover Sheet)(Gliozzo, Nina) (Filed on 11/23/2022) Modified on 11/23/2022 (ecg, COURT STAFF). (Entered: 11/23/2022)
[-] Read Less
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