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ARTICLE · 25 AUGUST 2026

TIME FOR ROUND TWO: Vivek Shah Throws A Light Jab But Lofty Counters With A Big Uppercut

A California company facing a CIPA violation demand letter over its use of Google Analytics 4 and HubSpot has taken the unprecedented step of filing a preemptive declaratory judgment action against serial litigant Vivek Shah. The case now tests whether federal courts will entertain such reverse actions when a plaintiff has sent hundreds of similar demand letters but hasn't yet filed the actual lawsuit.

United StatesLitigation, Mediation & Arbitration

Hi TCPAWorld!

Anyone who runs a business and has ever opened their email inbox to find a “notice of CIPA violation” letter sitting there next to a complaint that seems to have been polished and reused, grab a chair because things are getting exciting.

Back in July, I wrote an article about how instead of sitting around and waiting to get sued over a run of the mill website analytics tool, Lofty did what other companies will hopefully do in the future: it beat Vivek to the punch and filed its own action against him in the Central District of California.

Recall that Vivek Shah has sent at least hundreds of nearly identical demand letters to companies all over the country including Lofty and claimed that its website ran Google Analytics 4 and HubSpot in a way that violates California’s pen register statute. A lot of companies generally would make a payment to Shah to make the headache go away but Lofty decided that enough was enough and pretty much said “go ahead and sue, we’ll see

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