(California Invasion Of Privacy Act)  122. Plaintiffs incorporate all preceding paragraphs as though set forth  herein.  41  (Stored Communications Act)   (Violation of California's Common Law Right of Publicity)   (Violation of Cal. Bus. & Prof. Code § 17200)   (Wiretap Act)  100.  Plaintiffs incorporate each ofthe foregoing allegations as iffully set  forth herein.  101. The Electronic Communications Privacy Act of 1986, 18 U.S.C. §  2510, referred to as "ECPA, regulated wire and electronic communications  interception and interception of oral communications, and makes it unlawful for a  person to "willfully intercept[], endeavor[] to intercept, or procure[] any other  person to intercept or endeavor to intercept, any wire, oral, or electronic  communication," within the meaning of 18 U.S.C. § 2511(1).  102. LinkedIn violated 18 U.S.C. § 2511 by intentionally acquiring and/or  intercepting, by device or otherwise, Plaintiffs' and Class Members' electronic  communications, without knowledge consent, or authorizations. For example, by  hacking into a LinkedIn member's external email account, LinkedIn accesses that  member's external email account without his or her knowledge or consent and  copies information contained in that member's email account and stores it on  Linkedln's servers.  103. LinkedIn unlawfully accessed and used, and voluntarily disclosed, the  contents of the intercepted communications to enhance their profitability.  l04. The ECPA provides a civil cause of action to "any person whose wire,  oral, or electronic communication is intercepted, disclosed or intentionally used" in  violation of the ECPA.  38  -~,  "  .. _ .. _- (California Comprehensive Data Access And Fraud Act)  108. Plaintiffs incorporate each of the foregoing allegations as if fully set  forth herein.  109. Defendants violated the California Comprehensive Data Access and  Fraud Act, Cal. Penal Code 502, referred to as "CCCL" by knowingly and without  permission accessing, taking and using Plaintiffs' and the Class Members'  personally identifiable infonnation.  110. Defendants accessed, copied, used, made use of, interfered with,  and/or altered data belonging to Plaintiffs and Class Members: (1) in and from the  State of California; (2) in the states in which the Plaintiffs and the Class Members  39  57.  Plaintiffs seek certification of this action as a class action pursuant to  Rule 23(b )(3) of the Federal Rules of Civil Procedure.   58.  Plaintiff Class. The class sought to be represented is defined as  follows:  All natural persons in the United States who had an account  registered on www.linkedin.com as of May 15, 2013, and had their  names, photographs, likenesses, or identities associated with that  account used ill an endorsement email sent to third parties by  Linkedln.  Excluded from the Class are (a) Linkedln, its officers and  directors, legal representatives, successors or assigns; (b) any entity  30  6.  Linkedln is a social networking company that directs its products and  services to people whom it describes as "people in professional occupations." As  of the flrst quarter of2013, Linkedln had at least 225 million members. Linkedln's  purpose as a business entity is to generate revenue, which is achieved through three  main avenues: Talent Solutions, Marketing Solutions, and the sale of Premium  Subscriptions. Talent Solutions offers a variety of products aimed at companies  and recruiters to allow them to quickly search for and contact prospective  employees. Marketing Solutions consists of advertising to Linkedln members by  placing ads on the Linkedln website. Premium Subscriptions are sold directly to  individuals and small businesses who want to conduct advanced searching on  LinkedJn's website, enhance their professional identities, and contact other  members. The size and growth ofthe number of Linkedln users is directly  correlated to the success of each of Linkedln's three main sources of revenue.  Linkedln touts itself as "The World's Largest Professional Network." See, e.g.,  The Global Linkedln Audience, available at  <http://marketing.linkedin.com/sites/default/flles/pdfs/  Tnfographic _ Linkedln _Audience _ Global_ 20 12.pdf> (last visited, May 22, 2013).   7.  Linkedln harvests the email addresses that appear in the external  email accounts of its members. These email accounts include Yahoo! Mail,  Microsoft Mail, Google Gmail, and any number of other email service providers.  7  71.  Plaintiffs incorporate each of the foregoing allegations as if fully set  forth herein.   72.  California's Common Law Right of Publicity law protects persons  from the unauthorized appropriation of the person's identity by another for  commercial gain.  33  83.  Plaintiffs incorporate each ofthe foregoing allegations as if fully set  forth herein.  34  93.  Plaintiffs incorporate each of the foregoing allegations as if fully set  forth herein.   94.  The ECPA broadly defines an "electronic communication" as "any  transfer of signs, signals, writing, images, sounds, data, or intelligence of any  nature transmitted in whole or in part by a wire, radio, electromagnetic,  photoelectronic or photooptical system that affects interstate or foreign commerce.  36 