Can't Teach An Old Dog New CIPA Claim Tricks

Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act ("CIPA") claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of slowing down. This fact is illustrated by two recent California State court lawsuits which allege CIPA claims for Defendants' alleged use of third-party tracking technology on their websites.

CIPA Claims Continue To Be Filed

In Tulin v. Spark Fun Electronic Inc., Plaintiff asserted CIPA claims against Defendant for its alleged use of third-party tracking software and code to "create a unique digital profile of each individual website visitor." Specifically, Plaintiff alleges that Defendant secretly attaches a "tracking beacon" to the devices of those who visit Defendant's website to collect, among other things, the user's: (1) IP address; (2) operating system and browser information; (3) geolocation data; and (4) email address. Collection of this