The TikTok Trap And Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act ("CIPA") TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok tracking code and/or scripts on consumer-facing websites, without user consent, violates CIPA's trap and trace regulations. Unfortunately, a recent decision from a California federal court added fuel to the continued proliferation of these claims. We discuss the decision in greater detail below.

Court Denies Dismissal of TikTok Trap and Trace Claim

CIPA defines a "trap and trace device" as a "device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication." In Conohan v. Rad Power Bikes Inc., Plaintiff alleged that