Evolution Of CIPA Tracking Claims

As readers of this blog know, companies continue to be targeted in lawsuits asserting California Invasion of Privacy Act ("CIPA") tracking claims. The fact that California courts have struggled to determine whether CIPA applies to internet communications has only emboldened the plaintiffs' bar to continue filing these CIPA tracking lawsuits. More recently, CIPA tracking claims have focused on a provision of the statute that prohibits the use of pen registers and trap and trace devices absent consent or a court order. Below, we discuss: (1) what pen registers and trap and trace devices are and the differences between them; (2) the types of CIPA tracking cases that are most pervasive at the moment; as well as (3) the continued viability of CIPA tracking claims.