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ARTICLE · 02 OCTOBER 2024

The Next Target Of CIPA Litigation: Search Bars

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Over the past two years, we have seen an influx of lawsuits asserting that the use of tracking technologies on websites violates the California Invasion of Privacy Act (CIPA).

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Over the past two years, we have seen an influx of lawsuits asserting that the use of tracking technologies on websites violates the California Invasion of Privacy Act (CIPA). Some companies have successfully dismissed these CIPA claims on the basis that the information allegedly intercepted by the tracking software—i.e., pages viewed, keystrokes and mouse clicks, etc.—do not constitute the "contents' of a communication, and are thus not protected under CIPA.

In a seeming attempt to plead around these holdings, California plaintiffs' attorneys have added a new spin to these CIPA claims—that when website users enter search queries on a website, descriptive URLs are created (containing those search queries), which are then conveyed to third parties via tracking pixels (e.g., the Meta pixel) and used for targeted advertising campaigns in violation of CIPA.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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