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# Gutierrez v. Converse

The Ninth Circuit found insufficient evidence that Salesforce read or attempted to read the plaintiff’s chat messages. Evidence of technical capability alone did not establish that access.

US Court of Appeals, Ninth Circuit · CIPA §631

- Case record
- What this record establishes
- Checks for your own systems
- Sources and limits

## Case record

| Fact | Record |
| --- | --- |
| Authority or court | US Court of Appeals, Ninth Circuit |
| Law or issue | CIPA §631 |
| Case number | 24-4797 |
| Procedural record | Summary judgment affirmed; unpublished memorandum |
| Opinion or order | 9 July 2025 |
| Source reviewed | 16 October 2026 |

[Court opinion or order](https://cdn.ca9.uscourts.gov/datastore/memoranda/2025/07/09/24-4797.pdf)

## What this record establishes

This page describes the cited opinion or order. A dismissal, pleading decision, standing ruling or jurisdiction decision has a different scope from a merits judgment. Later proceedings and appeals may change the position. Unpublished and nonprecedential decisions are identified in the status where applicable.

## Checks for your own systems

Inth’s technical interpretation: use this case to choose what evidence to collect in your own implementation. These checks are not instructions issued by the court or regulator.

- Map every session-replay and chat vendor, including embedded frames and server relays.
- Compare what the site receives with what each vendor can receive, read, retain and use independently.
- Record the consent state and the timing of each captured message or field.

> **Limits of technical evidence**
> A browser capture can show a transfer. It cannot establish every server operation, the terms of a contract or whether a law applies. Compare observed behaviour with the relevant disclosures and legal assessment.

## Sources and limits

[Court opinion or order](https://cdn.ca9.uscourts.gov/datastore/memoranda/2025/07/09/24-4797.pdf)

Source review: 16 October 2026. This record covers the cited source and procedural stage. It does not audit the organisation’s present implementation or establish every later legal development.

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