Civil Law

Your Website’s Pixels May Be Wiretaps: 10 Questions Every Business Should Ask About CIPA

The plaintiffs’ bar has been ramping up lawsuits under the California Invasion of Privacy Act (CIPA) and federal and state wiretapping statutes for years, and the wave is not receding. Tens of thousands of claims have been filed since 2022, with CIPA wiretapping continuing to accelerate in recent months. Meanwhile, plaintiffs are branching out beyond California to Florida, Pennsylvania, and Illinois, and increasingly relying on the federal Electronic Communications Privacy Act (ECPA) to reach companies nationwide.

Companies outside of California … Read the rest

Civil Law

“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim

Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs.  These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for those alleged violations.  A California federal court recently confirmed that a CIPA plaintiff’s “status as a tester forecloses standing” for a simple reason: a tester “actively seeks out privacy violations” and therefore “cannot claim an injury when her expectations were … Read the rest