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A California federal judge has ruled that a revised class action accusing Ford Motor Co. of privacy violations can move forward, despite narrowing some claims. The suit alleges that Ford knowingly enabled its software provider, LivePerson Inc., to intercept website chat communications unlawfully and share them with Meta Platforms Inc. and others for targeted marketing.

Background and Allegations

Plaintiff Rebeka Rodriguez claims Ford violated the California Invasion of Privacy Act (CIPA) by allowing LivePerson to monitor and misuse private chats on the Ford website. The suit also alleges that this data was shared with third parties for profit. Rodriguez’s initial complaint was dismissed in March, as she failed to demonstrate that Ford was directly liable or had aided and abetted LivePerson’s conduct. In April, she amended her complaint to focus solely on aiding and abetting claims.

Judge's Decision on Ford's Motion to Dismiss

U.S. District Judge Ruth Bermudez Montenegro found that Rodriguez’s revised complaint sufficiently alleged that Ford was aware of and facilitated LivePerson’s conduct, which potentially violated two clauses of CIPA’s Section 631(a): unauthorized eavesdropping on electronic communications and unauthorized use of collected data.

While Judge Montenegro barred future claims tied to "intentional wiretapping," she ruled that the pleadings showed Ford integrated LivePerson’s API into its website and was aware of the potential legal risks.

The judge’s analysis aligned with last year’s Javier v. Assurance IQ ruling, which found that service providers could be liable under CIPA if they had the "capability" to exploit chat data for their own purposes. Rodriguez alleged that LivePerson, a software-as-a-service provider, monitored billions of sessions monthly and had the capacity to use collected data across its client base, bolstering her claims.

Rodriguez is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys. Ford’s defense team includes Jeffrey R. Witham and Gina Kripotos of Dinsmore & Shohl LLP.

The case is Rodriguez v. Ford Motor Co. et al., case number 3:23-cv-00598, in the U.S. District Court for the Southern District of California.