Davis v. NerdWallet, Inc.
Summary
The plaintiff alleged privacy injuries from NerdWallet’s website tracking. The court remanded because federal jurisdiction was absent and state-court dismissal was not absolutely certain; it did not decide liability. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/candce/3%3A2026cv02384/466151/32))
Litigation Status
Procedural Posture
Removed putative class action; both parties agreed the plaintiff lacked Article III standing after court-ordered briefing. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/candce/3%3A2026cv02384/466151/32))
Reported Holding
Lack of federal subject-matter jurisdiction required remand, not dismissal. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/candce/3%3A2026cv02384/466151/32))
What the Court Decided
The court remanded to Alameda County Superior Court and denied ECF 22 as moot. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/candce/3%3A2026cv02384/466151/32))
What the Court Did Not Decide
The court did not resolve the privacy claims’ merits or state-court standing. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/candce/3%3A2026cv02384/466151/32))
Significance
Generally viewed as plaintiff-favorable. Characterizations of significance describe how the matter has generally been discussed in tracked public sources; individual holdings are often narrow, procedural, or fact-specific, and this page does not state or imply broader holdings than the sources support.
What This Page Does and Does Not Say
This page reports what our tracked public sources say about this matter — including, where identified, the procedural posture (for example, a ruling on a motion to dismiss is not a final merits decision). It does not report legal conclusions beyond those sources, does not predict outcomes, and does not constitute legal advice.
Technologies at Issue
- Unspecified website tracking technologies
- Website tracking technologies
Statutes Invoked
- California Invasion of Privacy Act; Electronic Communications Privacy Act; California Computer Data Access and Fraud Act; California Unfair Competition Law; 28 U.S.C. § 1447(c)
- 28 U.S.C. § 1447(c); 28 U.S.C. § 1332(d); California Invasion of Privacy Act; Electronic Communications Privacy Act; California Computer Data Access and Fraud Act
- 28 U.S.C. § 1447(c); 28 U.S.C. § 1332(d)
Claims Asserted
- California Invasion of Privacy Act
- Electronic Communications Privacy Act
- California Computer Data Access and Fraud Act
- California constitutional privacy
- California Unfair Competition Law
- Privacy under California Constitution, Article I, § 1
- Unfair competition
- California Constitution, Article I, § 1 privacy
What This Matter May Mean for Website Operators
Because this matter is pending, anything reported here is procedural — allegations and interim rulings, not final determinations.
Detection of a similar technology on a website is an informational risk indicator, not a legal conclusion, and nothing in this section is legal advice.
Related Intelligence
Sources
- Davis v. NerdWallet, Inc.: Order Remanding Action to Alameda County Superior Court
- Davis v. NerdWallet, Inc. — Order Remanding Action to Alameda County Superior Court
- NO STANDING, BUT NOT SO FAST: NerdWallet CIPA Case Heads Back to State Court After Popa
About This Page
Publisher: Inspection-Ready Institute, Inc. (DBA Crandall Consulting), an independent website compliance and risk consultancy. We are not a law firm and nothing on this page is legal advice.
How this content is produced: Facts are extracted from publicly available sources — court and government materials, recognized legal press, professional analysis, and industry reports — by our litigation intelligence engine, stored with full source provenance, and rendered from the database. Risk guidelines are computed by a deterministic formula, never by an AI model directly. See the full methodology.
Limitations: Counts labeled "Tracked" reflect matters identified in our source set and are not official court statistics. We report what courts decided and did not decide; we do not predict outcomes.
Corrections: If you believe anything on this page is inaccurate, contact us via the contact page and we will review the underlying sources promptly.
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