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CIPA california dataprivacy privacylaw CIPA Pen Register

Contradictory CIPA Pen Register Decisions Create Uncertainty 

Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act (“CIPA”). Emboldened by a federal court decision denying a company’s motion to dismiss, the Plaintiffs’ Bar is targeting companies that use tracking technology on their websites to bring pen register CIPA claims under Section 638.51. However, two contradictory decisions from the same California State court illustrate the inherent difficulty that courts grapple with in applying decades old legislation to constantly evolving technology.  Two

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FTC Health Data Privacy Crackdown Continues

On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction treatment services, offering its clients access to online support groups, community forums, online therapy, and physician access. The Complaint,

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New Federal Privacy Bill Gains Momentum

Bipartisan Federal Privacy Bill Introduced Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its predecessor, the American Data Privacy and Protection Act (“ADPPA”), stalled

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