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Law.com Article on C2 Education Lawsuit

Law.com Article on C2 Education Trap & Trace Lawsuit

Law.com Article on C2 Education Lawsuit

The Los Angeles consumer protection lawyers at Tauler Smith LLP recently filed a class action against C2 Education in U.S. District Court that accuses the tutoring company of collaborating with TikTok to collect consumer data. The case is getting significant press coverage: a Law.com article on the C2 Education trap & trace lawsuit explores the implications of the federal court’s pre-trial ruling, which denied a motion to dismiss the complaint and essentially said that software embedded on a website can violate the California Trap and Trace Law.

Read the Law.com article, “Federal Ruling ‘Sets Precedent’ for ‘Trap and Trace’ Software Class Actions in Calif.” And for more information about the class action lawsuit against C2 Education, keep reading this blog.

Federal Court: C2 Education May Have Used Trap & Trace Devices to Collect Consumer Information

A Law.com article on the C2 Education trap and trace lawsuit discusses the recent class action complaint filed against the tutoring company for allegedly using trap & trace devices to collect consumer data on its website without permission. The online article also highlights the important precedent that may have been set for trap and trace lawsuits in California:

A federal court delivered a landmark decision impacting “trap and trace” software cases in California, denying defendant C2 Educational Systems Inc. a motion to dismiss a class action alleging it violated the California Invasion of Privacy Act (CIPA) through its partnership with TikTok.

“These allegations demonstrate that Defendant, through the use of the TikTok Software, collected Plaintiff’s information, thereby constituting an invasion of privacy. And invasions of privacy are actionable injuries,” the ruling stated.

“I think it’s a big ruling because you have, in this instance…a federal court saying this is a claim that the federal courts recognize, which generally means that state courts will also recognize trap and trace claims,” said plaintiff’s attorney Robert Tauler.

C2 Education Accused of Collaborating with TikTok to Collect Information from Website Visitors

Los Angeles law firm Tauler Smith LLP filed a class action lawsuit against C2 Education because the online tutoring and test prep company is allegedly violating the California Invasion of Privacy Act (CIPA) through its partnership with TikTok. The Defendant subsequently filed a motion to dismiss the class action from the U.S. District Court for the Central District of California. After evaluating arguments from both sides, the court denied C2 Education’s motion to dismiss.

Assuming the case ultimately reaches trial, the Defendant will need to answer the allegations that they breached California’s Trap and Trace Law, codified as Cal. Penal Code § 638.51 of the CIPA. The Trap and Trace Law prohibits the use of pen registers and trap & trace devices that record dialing or routing information from website visitors. The lawsuit against C2 Education specifically alleges that the tutoring company installed TikTok software on its website to siphon user data and match it with TikTok’s much larger user database. This process, known as “fingerprinting,” gives companies the ability to identify personal information about otherwise anonymous website users.

Landmark Decision: U.S. District Court Sets Precedent for California Trap & Trace Claims

In its motion to dismiss the class action lawsuit, C2 Education argued that the Trap & Trace provision of the California Invasion of Privacy Act (CIPA) should only apply to physical devices attached to telephone lines, not to website software. The United States District Court for the Central District of California disagreed. The court highlighted § 638.50 of the CIPA, which broadly refers to “devices that record or capture information.” The court also cited Greenley v. Kochava, Inc., an earlier case finding that software “fingerprinting” falls squarely under the pen register definition outlined by the CIPA.

Legal experts have noted that the federal court’s pre-trial ruling in the C2 Education trap & trace case may have broadened the scope of the California Trap & Trace Law and, by extension, strengthened protections for consumers against digital privacy violations and fraud. In fact, the Law.com article on the case called it “a landmark decision.” Los Angeles consumer protection lawyer Robert Tauler, who is representing the plaintiff in the C2 Education class action, observed that this is “the first case effectively saying that software on a website can violate the Trap and Trace Law.”

Did You Visit the C2 Education Website? Contact the California Consumer Protection Attorneys at Tauler Smith LLP

Los Angeles law firm Tauler Smith LLP represents plaintiffs in cases involving invasion of privacy violations. Our California consumer protection lawyers have filed dozens of trap & trace claims on behalf of consumers, including a class action complaint against C2 Education. If you are a California resident who visited the C2 Education website, you may be eligible to join the class action lawsuit.

Call 310-590-3927 or email us today.

C2 Education Class Action Trial

Judge Denies Motion to Dismiss Class Action Against C2 Education

C2 Education Class Action Trial

Tauler Smith LLP recently filed a trap and trace lawsuit against C2 Education for violating the California Invasion of Privacy Act (CIPA), and now a federal court has ruled: a judge denied the motion to dismiss the class action against C2 Education. The complaint alleges that the leading provider of tutoring services nationwide has unlawfully installed “trap and trace” software on its website and allowed the social media app TikTok to collect private data from site visitors. The Defendant filed a motion to dismiss the lawsuit, but the court rejected all of the Defendant’s pre-trial arguments. This represents a major victory for the California consumer protection lawyers at Tauler Smith LLP.

For more information about the lawsuit against C2 Education for invasion of privacy, and to learn whether you might be eligible to join the class action, keep reading.

Tutoring Company C2 Education Sued for Invasion of Privacy

Tauler Smith LLP represents California consumers who have filed a class action complaint against C2 Educational Systems Inc., a company which markets itself as a leading provider of tutoring, test prep, and college admissions counseling services to K-12 students in California and throughout the United States. The company’s online tutoring programs can be accessed at the website www.c2educate.com. This website is at the heart of the lawsuit against C2 Education because of the company’s partnership with the controversial social media platform TikTok. According to the lawsuit, C2 Education allows TikTok to install a “trap and trace device” on the tutoring website landing page and to secretly collect personal data about consumers who visit the site.

What Are “Trap and Trace Devices”?

What are trap and trace devices? California consumer protection law defines these as devices or processes that record or capture “dialing, routing, addressing, or signaling information” from a “wire or electronic communication.” When a company embeds and uses a pen register or trap and trace device without first obtaining a court order, they are directly violating Section 638.51 of the Trap and Trace Law.

Lawsuit: C2 Education Violated California’s Trap and Trace Law

The California Trap and Trace Law is codified in California Penal Code § 638.51, a provision of the California Invasion of Privacy Act (CIPA). The lawsuit against C2 Education alleges that the tutoring company violated the Trap and Trace Law’s prohibition against the use of pen registers and trap & trace devices: TikTok software embedded on the C2 Education website is utilized to unlawfully collect site visitors’ information without either express or implied consent. Beyond that, site visitors are never informed that their data is being collected and shared with the Chinese government for “fingerprinting” and de-anonymization.

“Fingerprinting”

According to the legal complaint, the TikTok de-anonymization software installed on the C2 Education website uses a process known as “fingerprinting.” This allows the site to collect data from visitors, and the data is then matched with TikTok’s massive user database to uncover visitors’ identities. The personal data that TikTok allegedly collects from website visitors includes device and browser information, geographic information, referral tracking, and URL tracking.

“AutoAdvanced Matching”

The class action lawsuit also alleges that C2 Education enables TikTok’s “AutoAdvanced Matching” feature, which allows TikTok to run codes or “scripts” that capture data from online forms filled out by website users. This form data may include things like the user’s name, date of birth, and physical address.

Defendant Files Motion to Dismiss Class Action Complaint

The complaint against C2 Education was filed in the United States District Court for the Central District of California. The Defendant filed the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which calls for a case to be dismissed when a plaintiff fails to state a claim upon which relief can be granted.

The Defendant argued that the complaint should be dismissed because:

  1. Section 638.51 does not apply to website software.
  2. The TikTok Software used by C2 Education merely collects information that is necessary for the basic operation and maintenance of the website.
  3. Consent was given for use of the TikTok Software on the C2 Education website.
  4. The TikTok Software only collects the “contents of a communication,” which is allowed under the statute.
  5. Section 638.51 is a criminal statute and does not provide plaintiffs with a private right of action in civil court.

Federal Judge Denies Motion to Dismiss Trap & Trace Lawsuit Against C2 Education

U.S. District Judge R. Gary Klausner heard arguments from both sides and then issued a ruling denying the Defendant’s motion to dismiss. This means that the case against C2 Education could now proceed to trial. In fact, the court strongly rejected all of the Defendant’s arguments, and may have even set precedent for trap & trace class actions.

The court’s responses to the Defendant’s arguments are addressed below:

  1. CIPA Applies to TikTok Software

C2 Education argued that the claim should be dismissed because California Penal Code § 638.52 uses language about “telephone lines,” not websites. Also, the statute indicates that a pen register or trap and trace device must be a physical device attached to a telephone line. Therefore, argued the Defendant, the TikTok Software embedded in the C2 Education website is not covered by the Trap and Trace Law because the software is not a physical device attached to a phone line. The U.S. District Court disagreed.

In rejecting the Defendant’s motion for dismissal, the court highlighted an important distinction between § 638.52 and § 638.50. Although Section 638.52 refers to trap & trace devices as physically attached to telephone lines, Section 638.50 does not include any such requirement: the statute refers broadly to “devices or processes” that capture information electronically. Additionally, other federal courts have interpreted the statute broadly by focusing on the result of the impermissible data collection and concluded that tracking software can constitute a pen register or trap & trace device under the law.

  1. TikTok Software Collects Consumers’ Personal Data

C2 Education also argued that the complaint should be dismissed because the TikTok Software only records data needed for the operation and maintenance of the tutoring website. Since the Trap and Trace Law includes an exception for the use of pen registers and trap & trace devices to “operate and maintain” an electronic communication service, this kind of use would be allowed under the law. The district court rejected this argument.

In its ruling, the U.S. District Court noted that the plaintiff alleged that the TikTok Software is used by C2 Education to record more than just IP addresses. For example, the complaint alleges that the software also records browser and device data, form data, and other personal information about website visitors. The court found that this type of data collection is probably not necessary for the operation and maintenance of the website, so the statutory exception cited by the Defendant would not apply in this case.

  1. Consumers Did Not Consent to Use of TikTok Software

Under § 638.51 of the Trap & Trace Law, companies are allowed to use pen registers and trap and trace devices if the website user has provided consent. C2 Education argued that the invasion of privacy lawsuit should be dismissed because the main “user” of the website was the Defendant, who consented to the use of tracking software. The court understandably rejected this argument because California law would seem to indicate that the only relevant user of a website is the site visitor, not the site operator – and the user in this instance did not consent to having their personal data collected by the TikTok software. As such, ruled the court, the lawsuit against C2 Education should survive summary judgment and possibly go to trial.

  1. C2 Education Collects Personal Information from Consumers

The California Trap and Trace Law applies to websites that use pen registers or trap & trace devices to record “dialing, routing, addressing, or signaling information.” However, since the statute seemingly does not apply when the “contents of a communication” are recorded, the Defendant in this case argued that the data collected by the TikTok Software on the C2 Education website does not fall within the scope of the statute. Once again, the U.S. District Court rejected the Defendant’s argument.

The court found that the lawsuit clearly alleges that the TikTok Software used by C2 Education gathers “device and browser information, geographic information, and browsing history.” Moreover, the lawsuit describes multiple data points that the TikTok Software allegedly captures, which is sufficient to bring a claim under the Trap & Trace Law.

  1. CIPA Allows Consumers to Sue for Digital Privacy Violations

The Trap and Trace Law is a part of the California Invasion of Privacy Act (CIPA), which is codified as Cal. Penal Code § 638.51. The Defendant argued that the civil lawsuit against C2 Education should be dismissed at the summary judgment phase because the CIPA is a criminal statute with criminal penalties and does not allow individual defendants to seek monetary remedies in a civil suit. The court rejected this argument because the CIPA explicitly confers a private right of action and allows individual consumers to bring lawsuits. The court specifically pointed to § 637.2, which has a broad and unambiguous endorsement of private rights of action for all CIPA violations.

U.S. District Court: C2 Education’s Use of TikTok Software May Have Violated California Consumer Privacy Laws

At the conclusion of its order rejecting the Defendant’s motion to dismiss, the U.S. District Court for the Central District of California stated that the allegations in the class action complaint “demonstrate that the Defendant, through use of the TikTok Software, collected site visitors’ information, thereby constituting an invasion of privacy.” Significantly, the plaintiffs may now have the opportunity to argue their case at trial – which represents another successful pre-trial outcome for the Tauler Smith litigation team.

Contact the California Consumer Protection Lawyers at Tauler Smith LLP

If you are a California resident who visited the C2 Education website for any reason, you may have been the victim of an unlawful invasion of privacy. Contact the Los Angeles consumer protection attorneys at Tauler Smith LLP to find out if you are eligible to join a class action lawsuit to receive financial compensation. Call 310-590-3927 or send an email.

C2 Education Trap and Trace Class Action

Trap and Trace Class Action Against C2 Education

C2 Education Trap and Trace Class Action

One of the country’s largest tutoring companies has been accused of invading the privacy of customers. The California consumer protection attorneys at Tauler Smith LLP recently filed a trap and trace class action against C2 Education for collaborating with TikTok, the popular but controversial social media platform, by installing a trap & trace device on its website as a means to collect data from consumers. According to the lawsuit, C2 Education has installed a code on their website that automatically sends user details to TikTok. Additionally, the TikTok de-anonymization software secretly installed on the tutoring website makes it possible for the educational services provider to identify site users by using electronic impulses generated from site visitors’ devices. All of these alleged acts constitute clear violations of California’s strong digital privacy laws, which is why the tutoring company now faces a consumer class action lawsuit in federal court.

For additional information about the class action filed against C2 Educational Systems Inc., keep reading this blog.

What Is the Legal Definition of a “Trap and Trace Device”?

The California Trap and Trace law is codified in Section 638.51 of the California Invasion of Privacy Act (CIPA), which specifically limits how companies can use trap & trace devices to gather information about website visitors. Section 638.50(c) defines a trap and trace device as “a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication.” As set forth by the statute, a company must first get a court order before installing a trap and trace device on a website.

Violations of § 638.50(c), or any other part of the California Invasion of Privacy Act (CIPA), could result in the offender being civilly liable for monetary damages.

Class Action Lawsuit: C2 Education Collected Personal Data of Website Visitors

C2 Education markets itself as the nation’s preeminent tutoring, test prep, and college admissions counseling provider. C2 Education provides online tutoring programs for K-12 students, including standardized test preparations, school subjects tutoring, college admission counseling, and education boot camps. The tutoring company serves more than 25,000 students across the country every year, with services offered both online at the C2 Education website and at brick-and-mortar locations throughout the United States, including California.

As part of its marketing regime, C2 Education has partnered with social media app TikTok to install sophisticated software on the tutoring website’s landing page. This software allegedly allows C2 Education to gain access to very personal information about consumers who happen to land on the site, including the individual’s location, source, and identity.

Is C2 Education Using TikTok to Unlawfully Share Customer Data?

The TikTok de-anonymization software allegedly used by C2 Education is designed for the sole purpose of identifying and capturing the source of incoming electronic impulses, which makes it possible to identify dialing, routing, addressing, and signaling information generated by users of the C2 Education website. Significantly, this software is deployed without consumers’ knowledge or consent.

According to the recent lawsuit filed in U.S. district court, visitors to the C2 Education website are not informed that the site is capturing their personal identifying information. The class action suit also alleges that site visitors are not informed that the company is collaborating with the Chinese government. That’s because C2 Education did not obtain consumers’ express or implied consent to be subject to data sharing with Chinese-owned TikTok for the purposes of fingerprinting and de-anonymization.

“Fingerprinting” Technology

The TikTok software allegedly used by C2 Education collects consumer data via a process known as “fingerprinting.” This means that the software gathers and stores as much data as it can about an otherwise anonymous visitor to the website and then matches it with data that TikTok has already acquired and accumulated about hundreds of millions of Americans who use the social media app.

“Advanced Matching” Technology

The TikTok software, which uses “AutoAdvanced Matching” technology, scans the C2 Education website by running code or “scripts.” When the site user provides personal information – such as name, date of birth, or mailing address – the details are sent simultaneously to TikTok so that the social media provider can isolate with certainty the individual to be targeted.

Tutoring Company Sued for Violating California’s Trap and Trace Law

The invasive TikTok software allegedly runs on every page of C2 Education’s website, making it impossible for site visitors to avoid having their data collected. This means that every time a user clicks on a page, the site instantly sends the communications to TikTok. The social media company then adds the data to their massive collection of user behavior and, in turn, assists C2 Education with targeted marketing while keeping a trove of information for itself. These disturbing acts prompted Los Angeles consumer protection law firm Tauler Smith LLP to file a class action lawsuit against C2 Education in the United States District Court for the Central District of California.

C2 Education’s alleged installation of the TikTok tracing software is a violation of California’s Trap and Trace Law, which is codified as California Penal Code Section 638.51. This is part of the California Invasion of Privacy Act (CIPA), which imposes civil liability and significant statutory penalties against companies that install trap and trace software without either user permission or a court order.

Statutory Penalties

The class action lawsuit against C2 Education seeks multiple forms of relief for plaintiffs, including the following:

  • A court order enjoining C2 Education from continuing its alleged unlawful conduct, as well as an order to disgorge any data already collected through use of the TikTok software.
  • Statutory damages provided by the CIPA, which may include fines of up to $2,500 for each violation of the statute.

C2 Education Case Sets Precedent for Trap & Trace Software Claims in California

The class action complaint against C2 Education may have already set a new legal precedent for trap & trace class actions in California. In a pre-trial ruling on a motion to dismiss the complaint, the U.S. District Court effectively said that software installed on a website can violate California’s Trap and Trace Law. Moreover, since this was a federal court ruling, it is likely that California state courts will also recognize trap & trace claims based on website privacy violations.

Did You Visit the C2 Education Website? Contact a California Consumer Protection Attorney Today

Did you visit the C2 Education website? If you filled out any online forms or provided any personal information to the tutoring company, you may be eligible to join a class action lawsuit to obtain monetary damages. The California consumer fraud attorneys at Tauler Smith LLP are representing plaintiffs who were victims of consumer privacy violations by C2 Education. To learn more, call 310-590-3927 or email us today.