Robert C. Schubert, Esq.
SCHUBERT & REED LLP
Two Embarcadero Center, Suite 1050
San Francisco, California 94111
Telephone: (415) 788-4220
Telecopier: (415) 788-0161
Marvin A. Miller, Esq.
Adam J. Levitt, Esq.
MILLER FAUCHER AND CAFFERTY LLP
30 North LaSalle Street, Suite 3200
Chicago Illinois 60602
Telephone: (312) 782-4880
Telecopier: (312) 782-4485
(additional counsel listed on signature page)
Counsel for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RICHARD C. BIELES, JR., on behalf of )
himself and all other similarly situated, ) No. C 00 0187
)
Plaintiff, ) CLASS ACTION
)
v. ) Complaint for Violations of 18 U.S.C.
) § 2701 et seq., 18 U.S.C. § 1030, et
ALEXA INTERNET AND AMAZON.COM, ) 18 U.S.C. § 2510, et seq., Cal. Bus.
INC., ) Prof. Code § 17200, et seq., Invasion
) Privacy, and Unjust Enrichment
Defendants. )) JURY TRIAL DEMANDED
Plaintiff, RICHARD C. BIELES, JR. (hereinafter referred to as "plaintiff" or
attorneys, individually and on behalf of all others similarly situated, brings this Class Action
ALEXA INTERNET and AMAZON.COM, INC. (hereinafter referred to collectively as "defendants" or
individually as "Alexa" and "Amazon," respectively), and alleges, pursuant to his personal
himself and his own acts and otherwise upon information and belief, as follows:
NATURE OF THE ACTION
SNIPPETS:
SCHUBERT & REED LLP
California 94111 Telephone: 788-4220 Telecopier: 788-0161
MILLER FAUCHER AND CAFFERTY LLP
Counsel for Plaintiff
Plaintiff, RICHARD C. BIELES, JR.
attorneys, individually and on behalf of all others similarly situated, brings this Class
individually as "Alexa" and "Amazon," respectively), and alleges, pursuant to his personal
computer software products nationwide who, during the period of April 1996 to the resent,
downloaded and installed Alexa's computer software program from Alexa's Internet website.
software is also designed to secretly intercept users' electronic communications and
This Court has federal question subject matter jurisdiction pursuant to 28 U.S.C.
(Electronic Communications Privacy Act), 18 U.S.C. § 1030, et seq.
Assignment of this action to the San Francisco Division is appropriate as a substantial
Alexa is a California corporation with its principal place of business located at 37
heart of this action and which has created the violations of law alleged herein.
computer systems, either without or beyond defendant authorization to do.
While the exact number and identity of Class members cannot be ascertained by plaintiff
Whether Alexa through its wrongful course of conduct described herein,
Whether plaintiff and the Class are entitled to declaratory and injunctive relief.
the New York Times, setting forth Alexa's wrongful course of conduct as described above.
Plaintiff repeats and realleges the allegations contained in the paragraphs above,
above-described wrongful course of conduct, the Company knowingly and intentionally accessed,
attorneys' fees, and the costs of this action.
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