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.
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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
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 …
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
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 SuggestIn 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
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.
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In this Consumer Counterpoint: Quick Take, Kristine Argentine and Paul Yovanic discuss California Senate Bill 690 and its proposed amendments to the California Invasion of Privacy Act (CIPA). They examine the bill’s latest effort to restrict private lawsuits involving alleged pen-register or trap-and-trace violations arising from websites and mobile applications, shift enforcement authority to
Episode 20 is now live. In this episode of Consumer Counterpoint, Kristine Argentine and Paul Yovanic provide a mid-year review on wiretapping and pixel tracking litigation under the California Invasion of Privacy Act and similar statutes, including recent court decisions and what to expect later this year.
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Episode 19 is now live. In this episode of Consumer Counterpoint, we discuss a trend of TCPA cases involving violations based on numbers that have been reassigned or were incorrectly input at the consent stage such that there may not be prior express consent from the recipient of the call or text. This episode explores both
Episode 18 is now live. In this episode of Consumer Counterpoint, Kristine Argentine and Paul Yovanic examine the evolving landscape of arbitration and what it means for businesses today. The discussion explores recent developments in litigation strategy, shifting judicial perspectives, and the growing use of coordinated mass filings. They offer practical insights into when arbitration