CA Bill to Curb Website Tracking Suits Awaits Governor's Signature
Businesses facing a wave of class actions under the California Invasion of Privacy Act may soon see relief, as a new bill targeting website "pen register" claims has been sent to the governor.
California's legislature has passed SB 690, a bill that would curb a recent surge of litigation targeting common website tracking technologies. The bill, now awaiting the governor's signature, specifically eliminates the private right of action for claims under the California Invasion of Privacy Act’s (CIPA) “pen register” and “trap and trace” provisions.
This is a critical development for businesses, as plaintiffs have been leveraging these wiretapping-era statutes to bring class actions over the use of routine tools like analytics pixels and cookies, seeking statutory damages of up to $5,000 per violation without proving actual harm. If signed, the law would apply retroactively to many pending cases, offering immediate relief to defendants.
However, the bill is not a complete shield. It does not prevent the California Attorney General from bringing such claims, nor does it affect private lawsuits under other CIPA sections, such as those concerning the content of communications. Plaintiffs are reportedly already shifting their strategies to these alternative theories. Counsel should monitor the governor’s decision by the September 30 deadline and evaluate the bill’s potential impact on current and future litigation.