California Legislature Passes Bill to Curb CIPA Tracker Suits
A bill unanimously passed by the state legislature would amend the California Invasion of Privacy Act to eliminate the private right of action for website pen-register claims and retroactively void pending cases.
The California Legislature has unanimously passed SB 690, a bill that would significantly curtail the recent flood of class-action lawsuits over website tracking technologies. The legislation amends the California Invasion of Privacy Act (CIPA) to eliminate the private right of action for claims that operators use "pen register" or "trap and trace" devices to record non-content user information. In recent years, plaintiffs have targeted hundreds of businesses, including retailers and hospitals, arguing that common tracking pixels and similar analytics tools that transmit visitor data to third parties violate CIPA. If signed by the governor, the bill would authorize only the California Attorney General to bring such actions. Crucially for defendants in active litigation, the bill would apply retroactively, nullifying pending claims filed within the last two years. This development offers substantial potential relief for any company with a public-facing website accessible to Californians, as it would effectively shut down a major and costly avenue for privacy litigation. All eyes are now on Governor Newsom to see if he will sign the bill into law.