California SB 690 Heads to Newsom, Would Cut CIPA Website-Tracking Suits
If signed by September 30, SB 690 would eliminate private suits under CIPA Section 638.51 for cookies, pixels, and analytics tools and apply retroactively to pending claims filed within the two years before its expected January 1, 2027, ope
California lawmakers have sent SB 690 to Governor Newsom, who has until September 30, 2026 to sign or veto. If enacted, the bill would eliminate private rights of action under Section 638.51 of the California Invasion of Privacy Act (CIPA) for website-based pen register and trap-and-trace claims, while leaving the California Attorney General's enforcement authority intact. The bill is expected to take effect January 1, 2027 and would apply retroactively to claims commenced within the prior two years, potentially disposing of significant pending website-tracking litigation that has produced a wave of demand letters and suits premised on routine cookies, pixels, and analytics. For BigLaw defendants and clients, this directly affects case strategy: pending Section 638.51 matters may face early dispositive options, while Section 631 (interception of content) claims, increasingly asserted against session replay tools, pixels, and chat features, remain live. Counsel should also anticipate plaintiffs layering parallel theories under CIPA Section 631 and the federal Wiretap Act to evade the bill's reach. Immediate next steps: inventory pending demand letters and suits, evaluate retroactivity arguments, refresh website-tracking governance, and monitor the Governor's action.