California

In Smith v. Rack Room Shoes, Inc., No. 24-cv-06709-RFL (N.D. Cal. Sept. 21, 2026), Plaintiffs sought class certification on claims under the California Invasion of Privacy Act, Cal. Penal Code §§ 631 and 632, and the Federal Wiretap Act, 18 U.S.C. § 2511(1)(a).  Plaintiffs asserted that Defendant Rack Room, an online shoe retailer, helped third-party pixel-tracking services intercept private communications containing personally identifiable information.  The Court found that Plaintiffs had no Article III standing, rejecting harm theories based on both actual and attempted interception of private information, and dismissed those claims without prejudice while denying class certification.

Continue Reading Pixel Tracking Technologies and Article III Standing: Lessons from the Rack Room Shoes Decision

On September 30, Governor Gavin Newsom signed SB 690, a significant new law aimed at curbing the wave of lawsuits and demand letters asserting “pen register” claims under the California Invasion of Privacy Act (“CIPA”).  The legislation eliminates the private right of action for pen register and trap-and-trace claims arising…

Continue Reading California Governor Signs SB 690, Eliminating Private Website-Based CIPA Pen Register Claims and Calling for Broader CIPA Reform

On August 28, 2026, the California Legislature passed SB 690, a significant bill aimed at curbing the flood of demand letters and lawsuits asserting “pen register” claims under the California Invasion of Privacy Act (“CIPA”). If enacted, the bill would eliminate the private right of action for website-based pen register claims and could affect many pending lawsuits filed since January 1, 2025.

Continue Reading California Legislature Passes CIPA Pen Register Reform Bill and Sends It to Governor