Deborah Caine, individually and on behalf of all others similarly situated v. Sturdy Memorial Hospital, Inc.

Summary

The United States District Court for the District of Massachusetts grants Sturdy Memorial Hospital's motion to dismiss a putative class action alleging that Google Analytics on the hospital's website intercepted and disclosed patients' health information. The court holds that the complaint does not plausibly allege that Sturdy Memorial intercepted communications for the purpose of committing a criminal or tortious act under the Electronic Communications Privacy Act's crime-tort exception. The court dismisses the federal claim without prejudice, declines supplemental jurisdiction over the state-law claims, and denies the plaintiff's motion to amend as moot.

Holdings

1. The ECPA crime-tort exception does not require specific intent to commit a crime or tort or an intent to harm, but it does require facts showing that the defendant purposefully, rather than merely knowingly or negligently, committed a criminal or tortious act.
2. Caine failed to plausibly allege that Sturdy Memorial purposefully acquired individually identifiable health information without authorization or purposefully intruded upon her seclusion; therefore, the ECPA claim failed.
3. The court declined to exercise supplemental jurisdiction over the remaining state-law claims after dismissing the sole federal claim.

Questions Presented

1. Whether the amended complaint plausibly alleged that Sturdy Memorial intercepted electronic communications for the purpose of committing a criminal or tortious act under the ECPA's crime-tort exception, 18 U.S.C. § 2511(2)(d).
2. Whether the court should exercise supplemental jurisdiction over the state-law claims after dismissing the sole federal claim.
3. Whether plaintiff's motion to amend should be granted after dismissal of the federal claim.

Disposition

dismissed