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Wiretapping Claims vs. Cheesecake Factory Voluntarily Dismissed

Plaintiff Anne Lightoller voluntarily dismissed without prejudice her California Invasion of Privacy Act wiretapping claims against the Cheesecake Factory, said her notice Wednesday (docket 3:23-cv-00272) in U.S. District Court for Southern California in San Diego. The Cheesecake Factory hasn’t served…

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an answer or motion for summary judgment in this action, said Lightoller’s notice. May 22 was its deadline for responding to her Feb. 10 class action. Her complaint alleged the Cheesecake Factory hires third-party vendors such as Microsoft to embed JavaScript session replay code on its website for wiretapping purposes (see 2302150008). The referenced code deploys on each website visitor's internet browser for the purpose of “intercepting and recording” the visitor’s electronic communications on the website, including mouse movements, clicks, search information, URLs and other real-time communications.