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.