Newsom Signs SB 690, Stripping CIPA Pen Register Private Right of Action
California's new law removes the private right of action under CIPA's pen register and trap-and-trace provision, reshaping wiretap-based class action exposure for California-facing clients.
On September 30, 2026, California Governor Gavin Newsom signed Senate Bill 690, the culmination of a multi-year effort to curb abusive CIPA litigation. The measure ends the private right of action under the California Invasion of Privacy Act's pen register and trap-and-trace provision — the statute California plaintiffs' bars have used to build wiretap-based class actions, often with per-transmission statutory damages and discovery-expanding allegations.
The reported significance is a narrowing of one of the highest-volume state privacy claim categories for consumer-facing businesses, including platforms, app operators, retailers and financial institutions with California users. Defense-side counsel should expect dismissals and class action challenges citing the new law, while plaintiffs' firms will test its retroactivity and its treatment of conduct predating September 30, 2026. Corporate counsel should reassess exposure reserves for pending and threatened CIPA wiretap matters and calibrate future monitoring and consent practices.
The source is a single law-firm alert; bill text, effective-date mechanics and any litigation testing the statute were not confirmed in the material reviewed. Watch for published statutory text, decisions on retroactivity, and related pending bills.