This is a putative class action on behalf of individuals who sent emails to users of Google’s email service Gmail, alleging violations of the California Invasion of Privacy Act (“CIPA”) and the wiretapping statutes of several other states. Before the Court is defendant’s demurrer to plaintiffs’ First Consolidated Amended Complaint for Damages (“Consolidated Complaint”), which plaintiffs oppose.

I. Factual and Procedural Background

Google is a California-based multinational company that offers web-based services, including free email accounts for individual users through Gmail. (Consolidated Complaint, ¶ 27.) Plaintiffs are individuals who have never subscribed to Gmail and have never consented to Google intercepting the contents of their emails. (Id. at ¶ 4.) Plaintiffs sent unencrypted emails from their non-Gmail accounts to Gmail users, which Google intercepted and analyzed for advertising purposes. (Id. at ¶ 1.) Until Google stopped this practice in compliance with an injunction i