On February 15, 2021, Magistrate Judge Sallie Kim of the U.S. District Court for the Northern District of California granted-in-part and denied-in-part Defendants Yodlee, Inc.’s and Envestnet Inc.’s motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and Rule 12(b)(2), respectively.

Plaintiffs brought claims arising out of their use of Yodlee, Inc.’s application programming interface (API), alleging that Defendants stored their bank log-in credentials and collected their sensitive financial data without consent.

Judge Sallie Kim denied the motion to dismiss claims for invasion of privacy under California’s common law and the California Constitution, recognizing that Plaintiffs have a reasonable expectation of privacy in their sensitive financial data. She also sustained plaintiffs’ claims for unjust enrichment, deceit under California Civil Code § 1709, and California’s Anti-Phishing Act.

With respect to Envestnet, Inc’s motion to dismiss under Rule 12(b)(2) for lack of personal jurisdiction, Judge Sallie Kim reserved judgment and granted Plaintiffs’ request to seek limited jurisdictional discovery.

Lowey Dannenberg’s Christian Levis is leading the prosecution in this ongoing class action, along with attorneys at Robins Kaplan. The case is Wesch v. Yodlee, Inc., No. 3:20-cv-05991 (N.D. Cal.) and the opinion can be found here: [insert link].

Please contact or Christian Levis (clevis@lowey.com), Anthony Christina (achristina@lowey.com), or Amanda Fiorilla (afiorilla@lowey.com) with any questions about the case.