The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Welcome to the Summer of Privacy! As we hit the middle of 2025, California is once again the focus of our attention, as both its legislators and regulators are attempting to square privacy protections with developing...more
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more
The Ninth Circuit recently issued two back-to-back memoranda of dispositions addressing claims under the California Invasion of Privacy Act (“CIPA”) Section 631 and the common law tort of intrusion upon seclusion. First, on...more
The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being...more
It’s 2025, and somehow, we’re still dealing with lawsuits over a law that was born in the pen registers and rotary phones era. That law, the California Invasion of Privacy Act (CIPA), a decades-old statute that’s suddenly...more
Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable...more
This week, the U.S. District Court for the Northern District of California ruled in favor of children’s clothing retailer Janie & Jack, which sought to enjoin over 2,400 individual arbitration claims resulting from alleged...more
Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more
Online businesses are increasingly facing a wave of arbitration demands under the California Invasion of Privacy Act (“CIPA”) and similar laws. Enterprising law firms have been at the forefront of this trend, filing claims on...more
Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more
Privacy litigation has taken California (and the country) by storm. In the past twenty-four months, the focus of privacy litigation has shifted from data breaches to data use, and the number of class actions filed grows by...more
Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more
On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California...more
The deluge of lawsuits and demand letters under the California Invasion of Privacy Act (CIPA) has prompted courts to scrutinize CIPA claims more rigorously, including the threshold question of whether CIPA plaintiffs have...more
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of...more
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
Like many organizations, Peloton is facing a legal challenge under the California Invasion of Privacy Act (CIPA) relating to the company’s alleged use of third-party technology on its website to intercept chat communications...more
Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law...more
In an unpublished decision issued May 31 by the US Court of Appeals for the Ninth Circuit, the Court interpreted the California Invasion of Privacy Act, CA Penal Code § 630 et seq. (CIPA), and ruled that the plaintiff had...more