SB 690 Is Law: Will The CIPA Shakedown Continue?

California Gov. Gavin Newsom has signed Senate Bill (SB) 690, one of the most-watched privacy bills this cycle. SB 690 eliminates the private right of action for some claims under the California Invasion of Privacy Act's (CIPA) pen register and trap-and-trace provision, California Penal Code Section 638.51, by restricting enforcement to the California Attorney General for conduct occurring on a website or mobile application. It takes effect January 1, 2027.

But will it actually end the flood of vexatious CIPA demand letters and complaints? Not likely.

SB 690 is the conclusion of a two-year legislative effort to stem the tide of CIPA demand letters and complaints by high-volume plaintiffs' firms looking for quick, nuisance-value individual settlements. After a version of the bill that would have covered both Section 631(a) and Section 638.51 claims passed in the Senate, the bill stalled in the Assembly at the conclusion of the legislative session last year. As legislative deadlines