California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet tracking software, a California federal judge recently denied a CIPA-based motion for class certification. Below, we discuss: (1) the CIPA allegations asserted in the lawsuit; (2) the judge’s reasoning for denying class certification; and (3) some recent developments with implications for those facing CIPA tracking claims.
CIPA Tracking Classes Cannot Be Certified
Plaintiffs, on behalf of themselves and several putative classes of consumers, alleged that Defendant, a financial institution, violated CIPA by employing internet tracking software on its website without first obtaining their consent. As set forth in the Complaint, Plaintiffs claimed that Defendant violated CIPA by installing third-party tracking technology to “instantaneously and surreptitiously duplicate
