News & Analysis as of

Data Privacy Data Collection California

Tarter Krinsky & Drogin LLP

Waves of Lawsuits Hit Businesses Over Website Tracking Pixels

Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

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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

Mayer Brown

The Ninth Circuit Briefly Speaks on CIPA Section 631

Mayer Brown on

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

Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

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In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Constangy, Brooks, Smith & Prophete, LLP

California limits certification, revealing challenges for litigating privacy cases

In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo...more

Kilpatrick

California federal court bemoans choice of unfit plaintiffs in denial of class certification motion

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When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more

Seyfarth Shaw LLP

CIPA’s Cookie Exception Bill (SB 690) Passes Senate, Proceeds to State Assembly

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On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690), a bill that seeks to add a “commercial business purposes” exception to the California Invasion of Privacy Act (CIPA)....more

Robinson+Cole Data Privacy + Security Insider

Janie & Jack’s Alleged CIPA Violations Consolidated, Thus Avoiding Over 2,000 Individual Arbitration Claims

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

Husch Blackwell LLP

Proposed State Privacy Law Update: May 19, 2025

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Keypoint: Last week, Oregon’s legislature passed a bill to amend the state’s consumer data privacy law, the Connecticut Senate passed two bills, and there were developments with bills in New Jersey, Nebraska, Texas,...more

Fisher Phillips

Clothing Retailer Faces Big Fines for CCPA Violations: A Wake-Up Call + An Action Plan for Businesses

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In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more

McCarter & English Blog: Government Contracts...

Check Your Process or Pay Your Fine: Recent 6-Figure Fines from the California Privacy Protection Agency

The California Privacy Protection Agency (CPPA) recently fined clothing retailer Todd Snyder almost $350,000 for two types of consumer privacy errors. Due to technical errors during a 40-day period, it was impossible for Todd...more

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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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

King & Spalding

Going for Broker: California’s CPPA Issues First Ban of Data Vendor Under Registration Statute

King & Spalding on

Late in February, the California Privacy Protection Agency (CPPA) ordered the shutdown of Background Alert under the state’s Data Broker Registration Law. Background Alert aggregated public records to create detailed profiles...more

Fisher Phillips

California Probe Targets Location Data Industry: 5 Steps to Keep Your Business Off the CCPA Enforcement Radar

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A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Bass, Berry & Sims PLC

Honda Settles with the CPPA Over Privacy Violations: Key Takeaways for Businesses

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The California Privacy Protection Agency (CPPA) recently announced a settlement with American Honda Motor Co., Inc. (Honda) over alleged privacy violations. The settlement arises from the CPPA’s investigation into the privacy...more

Womble Bond Dickinson

[Event] Privacy Litigation: The Past, The Present, And The Future - March 25th, Irvine, CA

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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

Lowenstein Sandler LLP

California Attorney General Announces Enforcement Sweep on Location Data Collection

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On March 10, 2025, the Office of the Attorney General of California (CAAG) announced an enforcement sweep of the California Consumer Privacy Act (CCPA) focused on the location data industry. Attorney General Rob Bonta stated...more

Ballard Spahr LLP

California Proposes CCPA Update on Location Data Rules

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On February 21, 2025, representatives in the California legislature introduced California Assembly Bill 1355, also known as the California Location Privacy Act (“AB 1355”).  AB 1355 seeks to amend the California Consumer...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Mayer Brown

Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

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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

Robinson+Cole Data Privacy + Security Insider

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

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

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