The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Addressing the litigation and regulatory risks regarding tracking technologies requires a balanced approach between legal exposure and business impact, through a close and continuing collaboration between legal, technology,...more
It has been amply documented how the California Plaintiffs’ Bar has exploited the California Invasion of Privacy Act (“CIPA”)–explicitly designed during the Cold War to address telephonic wiretapping and eavesdropping—to...more
On August 11, 2025, the U.S. District Court for the Northern District of California denied a motion to dismiss a California Invasion of Privacy Act (CIPA) class action lawsuit filed against ConverseNow Technologies, Inc....more
In this week’s Film Room, we provide updates regarding: court decisions on eligibility rule challenges, a data privacy lawsuit filed against SeatGeek...more
A recent California federal jury verdict against Meta Platforms Inc. has sent a clear message to businesses: tracking technologies can pose serious legal and reputational risks if not deployed responsibly. ...more
Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege...more
On August 1, 2025, a California federal jury found that Meta violated the California Invasion of Privacy Act (CIPA) by collecting data from the Flo Health app without the consent of the individuals who downloaded the app and...more
In late May, Judge James Donato of the U.S. District Court for the Northern District of California ruled on summary judgment motions filed by Meta and Flo Health Inc.—both defendants in the ongoing Frasco v. Flo Health, Inc....more
Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more
In an increasingly data-driven digital landscape, businesses are constantly seeking tools to better understand and optimize user experiences. One such tool is session replay—a powerful technology that allows organizations to...more
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
Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more
Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again...more
The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...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
Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...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
In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...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
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
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...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
Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more