On August 6, 2025, in Mitchener v. CuriosityStream, Inc., Judge Noël Wise of the U.S. District Court for the Northern District of California dismissed with prejudice a putative class action alleging that CuriosityStream’s use of TikTok tracking software on its website violated the California Invasion of Privacy Act’s “trap and trace” provisions. The ruling follows Judge Wise’s June 24, 2025, decision in Kishnani v. Royal Caribbean Cruises Ltd., which dismissed a substantively identical complaint brought by the same plaintiffs’ counsel. The Kishnani matter is currently on appeal to the Ninth Circuit, but Judge Wise declined to delay ruling in Mitchener pending the outcome of that appeal. Read the full Alert on the Duane Morris website.
