CIPA Pixel Litigation Wave Continues; SB 690 Advances
Key Questions
What is driving the surge in CIPA lawsuits in 2025?
Over 800 CIPA 'trap and trace' lawsuits have been filed in 2025, including new cases against Toyota for fingerprinting after cookie rejection, as well as against CNN, OneTrust, and NFL.com. Settlements such as $10M with Forbes and $3.85M with LATimes are establishing benchmarks for resolutions.
How does SB 690 aim to address CIPA litigation?
SB 690 is advancing through the California Assembly to narrow pen register claims and reduce serial lawsuits while leaving wiretapping exposure unchanged. It responds to the ongoing wave of litigation under the 1967 wiretapping law.
What jurisdictional issues are expanding CIPA exposure?
A circuit split on jurisdiction between Briskin and Hasson is broadening potential defendant exposure. This compounds risks for companies facing pixel and tracking-related claims.
Over 800 CIPA 'trap and trace' lawsuits filed in 2025, with new cases against Toyota (fingerprinting after cookie rejection), CNN, OneTrust, and NFL.com. Settlements like $10M Forbes and $3.85M LATimes set benchmarks. SB 690 is advancing through the California Assembly to curb serial lawsuits by narrowing pen register claims but leaving wiretapping exposure. Circuit split on jurisdiction (Briskin vs Hasson) expands exposure.