Zynga Game Network: Can’t Assume What You Do In Private Is Private.

Plaintiffs brought actions under the Wiretap Act [18 U.S.C § 2511(3)(a)] and the Stored Communications Act [18 U.S.C §2702(a)(2)], alleging that Facebook, a social networking company, and Zynga Game Network, a social gaming company, disclosed confidential user information to third parties. The district court dismissed their claims with prejudice, and the Ninth Circuit affirmed, finding plaintiffs failed to state a claim because they did not allege the disclosure of the contents of a communication, a necessary element. (In re Zynga Privacy Litigation (Ninth Cir.; May 8, 2014) 750 F.3d 1098.)