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ARTICLE · 07 SEPTEMBER 2026

READING BETWEEN THE PIXELS: Court Dismisses CIPA Claim Over Tracking Tools

A California federal court has dismissed a CIPA claim involving website tracking pixels, ruling that allegations of data collection and transmission—even in "real-time"—are insufficient without specific facts showing how and when a third party actually "reads" communications while they are "in transit." The decision provides critical guidance on the pleading requirements for turning website tracking into viable wiretapping claims under California's Invasion of Privacy Act.

United StatesPrivacy

Hi CIPAWorld! My name is Yara and I am one week old. Today we have a new Central District of California decision that provides additional guidance on what plaintiffs must actually allege to turn website tracking into a viable § 631(a) claim.

In Firlej v. Petrosian Esthetic Enters., LLC, No. 2:26-cv-01030-MWC-AGR, 2026 WL 2575938 (C.D. Cal. Aug. 31, 2026), Plaintiff Hania Rouhani alleged that tracking pixels and third-party cookies captured sensitive, personally identifiable information, including ‘Sensitive Health Information’ (“SHI”), and transmitted information to Google without her knowledge when she used SEV Laser Aesthetics’ website to schedule a laser appointment.

But this was not Rouhani’s first bite at the apple. Rouhani originally brought six causes of action against Defendants, including a claim under CIPA § 631(a). On June 18, 2026, the Court dismissed her CIPA claim with leave to amend. While the Court found that Rouhani plausibly alleged that the Tracking Tools

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