Listen to this post 1 min
AI-generated voice Open MP3

In this Quick Take, Kristine and Paul discuss a recent decision from the Supreme Court of Washington finding that the transfer of information through website pixels do not violate the statute because the information alleged to be improperly shared is not with an individual but with a server.

Watch the Quick Take Here

Subscribe to the Consumer Class Defense Blog today and get notified when each new vidcast goes live.

Listen to this post 1 min
AI-generated voice Open MP3

In this Quick Take for Consumer Counterpoint, Kristine and Paul discuss a recent TCPA decision out of Southern District of Florida where the judge declines to enter a default judgement against the Defendant finding that residential telephone subscriber, as that term is used under 227(c)(1), does not cover cell phones.

Watch the Quick Take Here:

Listen to this post 1 min
AI-generated voice Open MP3

In this episode of Consumer Counterpoint, Kristine and Paul discuss the recent passing of the amendment to the California Invasion of Privacy Act which eliminates the private right of action for Section 638.51 claims. The amendment is expected to take effect on January 1, 2027.

Watch the Quick Take Here:

Subscribe to the Consumer Class Defense Blog today and get notified when each new vidcast goes live.

Listen to this post 3 min
AI-generated voice Open MP3

California lawmakers have sent Senate Bill 690 to Governor Gavin Newsom, teeing up a narrowing of website-tracking litigation under the California Invasion of Privacy Act (CIPA), who has until September 30 to sign or veto the legislation. If signed, the bill would eliminate private lawsuits asserting website-based “pen register” and “trap and trace” claims under Section 638.51 of CIPA. For businesses that have received demand letters or are defending lawsuits premised on routine website technologies—such as cookies, pixels, analytics tools, or similar tracking technology—the bill would offer relief from certain types of claims asserted under CIPA. Additionally, the bill would apply retroactively to pending claims in actions commenced within two years before its operative date, which is expected to be January 1, 2027, if the bill becomes law. 

The Impetus

The legislation responds to a surge of CIPA claims built on a statute originally designed for telephone-era wiretapping, not modern website traffic. Because CIPA carries statutory damages that can reach at least $5,000 per violation without proof of actual harm, even ordinary commercial web practices have created substantial litigation leverage for plaintiffs to demand large sums from website owners. SB 690 targets that specific theory by removing the private right of action for Section 638.51 claims.

Limitations

SB 690 is not a complete end to website privacy litigation. Notably, the bill does not eliminate the ability of the California Attorney General to bring claims under Section 638.51. Nor does the bill eliminate private right of action claims under CIPA Section 631, the provision focused on content of a communication that plaintiffs continue to invoke against session replay tools, chat features, pixels, and other third-party website technologies. Seemingly having seen the likelihood of passage, plaintiffs have increasingly asserted multiple claims under CIPA and the Electronics Communications Privacy Act (“the Federal Wiretapping Act”) in order to avoid the anticipated statutory effect of SB690 and its retroactive provisions. In practical terms, SB 690 may shrink one category of claims while leaving plaintiffs with alternative theories that can still create litigation and settlement pressure.

Key Considerations and Action Items

For companies with pending Section 638.51 claims or demand letters, the immediate priority is to assess how SB 690’s retroactivity language could affect the matter’s procedural posture if the Governor signs the bill. For companies facing Section 631 claims, the risk calculus is different: those claims remain intact and should continue to be evaluated on their own facts. More broadly, business leaders and legal teams should use this moment to inventory website tracking technologies, confirm when third-party tracking technologies fire, review cookie and consent practices, and ensure privacy disclosures align with actual data collection and sharing. If signed, SB690 will be a welcome development for many defendants, and hopefully a sign of more legislation to come, but it is not a substitute for a disciplined website privacy governance.

Listen to this post 9 min
AI-generated voice Open MP3

The California Court of Appeal, Second Appellate District, has issued its tentative ruling in Variety Media, LLC v. Superior Court, the closely watched writ proceeding that asks whether the pen register provisions of the California Invasion of Privacy Act (“CIPA”) apply to common website tracking technologies. The tentative decision would grant Variety’s petition in part and direct the trial court to sustain Variety’s demurrer with leave to amend. The court’s reasoning cuts in both directions. The panel would hold that CIPA’s pen register statute reaches internet communications, rejecting the threshold defense that has anchored many motions to dismiss. But it would also hold that a pen register captures only metadata identifying the destination of an outgoing communication, and that a website visitor’s IP address identifies the source of a communication rather than its destination. Under that construction, the complaint before the court fails to state a claim.

Continue Reading California Court of Appeal Tentatively Holds That Collecting a Website Visitor’s IP Address Alone Does Not Constitute Pen Register Activity Under CIPA
Listen to this post 9 min
AI-generated voice Open MP3

On August 11, 2026, the Colorado Department of Law released a single set of proposed rules substantially building out two 2026 statutes: the Automated Decision-Making Technology Act (“ADMT Act”) and the Conversational Artificial Intelligence Service Operator Requirements (the “Chatbot Safety Act”). Both laws take effect January 1, 2027, and the proposed rules would become effective the same day. The Rules are not yet final – for covered organizations and interested parties the weeks until September 4 are the time to submit comments to be considered for a redraft – and there is a specific ask to help shape the definition of covered ADMT.

Continue Reading Colorado Releases Proposed Rules for Its AI and Chatbot Safety Laws: These Create More Operational Work than the Statutes Suggest
Listen to this post 3 min
AI-generated voice Open MP3

Senior United States District Judge William H. Orrick, sitting in the Northern District of California, denied a motion to dismiss last week in an Automated License Plate Recognition (“ALPR”) matter, McGinty v. Reimagined Parking LLC, d/b/a Imperial Parking.[1] Judge Orrick held that the plaintiff plausibly alleged actionable harm based on his “right to know” about the use of ALPR systems in two garages. The order follows Bartholomew v. Parking Concepts, Inc.[2] and the guidance of Mata v. Digital Recognition Network, Inc.,[3] concluding that the California Supreme Court would likely recognize violation of a consumer’s “right to know” as actionable harm under California’s ALPR law if presented with the question.

Continue Reading Federal Court Follows Bartholomew Reasoning in Denying Motion to Dismiss ALPR Lawsuit
Listen to this post 1 min
AI-generated voice Open MP3

In this episode of Consumer Counterpoint, Kristine and Paul discuss the recent decision out of the Seventh Circuit that held that text messages do not count as “telephone calls” for purposes of a private right of action under Section 227(c) of the Telephone Consumer Protection Act and what this may mean for pending litigation alleging DNC violations based on texting campaigns.

Watch the Quick Take Here:

Subscribe to the Consumer Class Defense Blog today and get notified when each new vidcast goes live.

Listen to this post 7 min
AI-generated voice Open MP3

On July 21, 2026, the California Privacy Protection Agency, now branding itself publicly as CalPrivacy, announced that its Audits Division has launched its first formal privacy audit, focused on gig economy platforms operating in California. The audit is the first in a planned series of “sectoral audits” and will evaluate whether major gig platforms are complying with the California Consumer Privacy Act (CCPA), particularly with respect to consumers’ and workers’ rights to access and control personal information.

Although the audit is directed at app-based transportation, delivery, and task-service platforms, the broader message is important for any business collecting applicant, worker, contractor, geolocation, profiling, performance, biometric, communications data, or automated decision-making technology (ADMT) use in California. CalPrivacy’s focus on gig workers also reinforces a point that employers and workforce platforms should not underestimate: California privacy rights apply not only to traditional consumers, but also to employees, job applicants, and independent contractors.

Continue Reading California Privacy Regulator Launches First Sectoral Audit—Targets Gig Platforms
Listen to this post 1 min
AI-generated voice Open MP3

Episode 21 is now live. In this Consumer Counterpoint Quick Take, Kristine Argentine and Paul Yovanic discuss takeaways from a recent Ninth Circuit oral argument on arbitration provision enforceability.  

Watch Episode 21 Here:

Subscribe to the Consumer Class Defense Blog today and get notified when each new vidcast goes live.