cipa – Duane Morris TechLaw

California has passed Senate Bill 690, a bill that would sharply limit private lawsuits over website tracking technology if signed by Governor Gavin Newsom. The bill amends the California Invasion of Privacy Act (CIPA) to restrict private plaintiffs from suing under the pen-register and trap-and-trace provision, Penal Code Section 638.51, for covered online tracking claims. If enacted, only the California attorney general would be authorized to bring those covered claims. This is a significant development for companies facing pixel- and tracking-technology class actions, but it is not a complete solution to CIPA tracking litigation.

Read the full Alert on the Duane Morris LLP website.

August 19, 2025August 20, 2025 by Duane Morris

Northern District of California Allows CIPA Claims Against AI Pizza Ordering Assistant to Proceed

On August 11, 2025, Judge Susan Illston of the Northern District of California denied a motion to dismiss in Taylor v. ConverseNow Technologies, Inc. (Case No. 25-cv-00990-SI), allowing claims under California’s Invasion of Privacy Act (CIPA) Sections 631 and 632 to move forward against an AI voice assistant provider. ConverseNow provides artificial intelligence voice assistant technology that restaurants, including Domino’s, use to answer phone calls, process orders and capture customer information. The plaintiff alleged that when she placed a pizza order by phone, her call was intercepted and routed through ConverseNow’s servers, where her name, address and credit card details were recorded without her knowledge or consent. Read the full Alert on the Duane Morris website.

August 12, 2025August 12, 2025 by Duane Morris

Northern District of California Dismisses CIPA “Trap and Trace” Claim Over TikTok Tracking Code

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.

August 1, 2025August 7, 2025 by Duane Morris

District Court Rejects CIPA Lawsuit, Setting a Higher Standard for Privacy Plaintiffs

In some positive news for companies facing privacy claims over marketing and tracking technologies, Judge Haywood S. Gilliam Jr. of the Northern District of California has dismissed a putative class action brought under the California Invasion of Privacy Act (CIPA) against the Gap Inc. The case, Ramos v. The Gap, Inc., No. 4:23-cv-04715-HSG, challenged Gap’s use of Bluecore Inc.’s email marketing technology, which tracks whether a customer opens a marketing email, clicks a link and later interacts with the website. The court’s ruling, issued on July 29, 2025, adds to the growing body of federal precedent pushing back on expansive interpretations of Section 631(a) of CIPA in the digital context. Read the full Alert on the Duane Morris website.