Email Tracking CIPA Wiretapping Victory!

Although the California Invasion of Privacy Act ("CIPA") lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those asserted in other CIPA online tracking lawsuits. Below, we discuss the decision and its implications for future email tracking CIPA claims.

Email Tracking CIPA Wiretapping Claims

In Ramos v. The GAP, Inc., Plaintiff alleged, on behalf of himself and a putative class, that The GAP, Inc. ("The Gap") contracted with a third-party to embed invisible pixels in its marketing emails to track the message interactions of consumers. Specifically, Plaintiff alleged that the pixels in The Gap's marketing emails tracked: (1) times at which consumers opened emails; (2) the exact images and words consumers clicked on; (3) consumers' email addresses; (4) email open rates; and (5) content click rates. Aggregating all this data through the use of email tracking, the