California CIPA Tracking Litigation and…California CIPA Tracking Litigation and SB 690Coverage from CalMatters, Ashurst Perkins Coie, and others
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California’s Invasion of Privacy Act (CIPA) became the basis for lawsuits alleging that website and app tools—including cookies, pixels, analytics, and session replay—improperly acted as pen registers or trap-and-trace devices.
Senate Bill 690 amended that framework by ending private actions under CIPA section 638.51 for covered website and app conduct and reserving civil enforcement of those claims to the California Attorney General. The change applies retroactively to qualifying cases filed from January 1, 2025, and took effect on January 1, 2027. Other CIPA claims and privacy-law obligations remain distinct, so the reform narrows one route to litigation rather than eliminating legal challenges to tracking.
It adds concrete evidence of the scale of tracking litigation and a distinct court ruling on session-replay claims.
Paris Post-Intelligencer / Mircea Patachi
Key Issues
01
SB 690 shifts covered claims to state enforcement
For covered website and app claims under CIPA Section 638.51, SB 690 bars private actions and reserves civil enforcement to the California Attorney General. The law takes effect January 1, 2027, and reaches qualifying pending cases filed from January 1, 2025.
Stable
Drawn from 4 articles
02
Alternative privacy claims keep tracking litigation viable
SB 690 leaves other CIPA provisions and state and federal privacy theories available. Plaintiffs are pursuing alternatives including wiretap, ECPA, and computer-access claims, whose viability depends on the technology, data, and consent circumstances.
Stable
Drawn from 4 articles
03
Courts have not settled CIPA’s reach over web tracking
The boundary of CIPA’s pen-register provision for online tracking remains unsettled. A tentative appellate ruling rejected a categorical telephone-only reading but found IP-address collection alone insufficient, while other tracking claims remain fact-dependent.
Stable
Drawn from 4 articles
04
Thousands of tracking suits have created significant exposure
Reports document thousands of cases involving common tools such as pixels, cookies, analytics, and session replay. SB 690 narrows one private claim route, but other available theories mean broader tracking-related litigation and compliance exposure remain.
Stable
Drawn from 4 articles
Key Numbers
August 21, 2026
date of tentative ruling
“In a tentative ruling issued August 21, 2026, the California Court of Appeal rejected the categorical argument that CIPA’s pen-register provisions apply only to telephone systems, while also concluding that IP-address collection alone does not establish a valid pen-register claim.”
Mondaq and 1 other article
nearly 75% percent
Coalition web-privacy claims citing CIPA
“Cyber insurer Coalition said privacy-related claims it received roughly doubled in the first half of 2026 compared with 2025, and nearly 75% of its web-privacy claims cited California’s Invasion of Privacy Act, or CIPA.”
Paris Post-Intelligencer
roughly doubled
privacy-related claims received by Coalition
first half of 2026 compared with 2025
“Cyber insurer Coalition said privacy-related claims it received roughly doubled in the first half of 2026 compared with 2025, and nearly 75% of its web-privacy claims cited California’s Invasion of Privacy Act, or CIPA.”
Paris Post-Intelligencer
More than 4,300 lawsuits
digital wiretapping lawsuits filed nationwide
since a pivotal 2022 appellate ruling
“More than 4,300 digital wiretapping lawsuits have been filed nationwide since a pivotal 2022 appellate ruling, with more than 75% filed in California, according to Fisher Phillips’ Digital Wiretapping Litigation Map.”
Paris Post-Intelligencer
January 1, 2025
cutoff date for lawsuits covered by the proposed retroactive change
lawsuits filed on or after
“Separately, lawmakers passed SB 690, which would eliminate the private right of action for CIPA pen register claims and apply retroactively to pending lawsuits filed on or after January 1, 2025.”
Fisher Phillips
Looking Back
173 Day Timeline
Articles published over time. Hover any bar for the period and its article count.
Apr 24
May 22
Jun 19
Jul 17
Aug 14
Sep 11
Oct 9
The Story So Far
No material change
No material change since the prior state: the new articles reiterate SB 690’s effect and ongoing pursuit of alternative privacy-law claims. The governor’s call to revisit other CIPA provisions signals possible future action but does not report a change to the law.
Previously
California’s SB 690, signed in September 2026, removes private website and app claims under CIPA Section 638.51, leaving the Attorney General as the civil enforcer for that provision. It takes effect January 1, 2027, with retroactive application to qualifying cases dating from January 1, 2025. Other CIPA claims and federal or state privacy theories remain available, so litigation over tracking, consent, and data disclosures continues.
History
10/09/2026
Governor Newsom signed SB 690, turning a pending proposal into enacted law. The change is now scheduled to take effect January 1, 2027, and its retroactive reach is confirmed for qualifying cases dating from January 1, 2025.
10/03/2026
The current version adds that SB 690 passed unanimously, but otherwise reinforces the prior account without materially changing its status or implications.
California lawmakers sent Senate Bill 690 to Governor Gavin Newsom in Sacramento after debate over whether CIPA reform would protect small businesses or weaken consumer privacy enforcement.
9/3/2026 • Regulation, Law & Enforcement • General
Ashurst Perkins Coie / Alison Watkins, Tim Carter, and Jordan Harris68
California Governor Gavin Newsom signed Senate Bill 690 on September 30, 2026, limiting private enforcement of certain online pen-register claims in California.
10/13/2026 • Regulation, Law & Enforcement • General
California lawmakers passed SB 690 on August 28, 2026, narrowing private CIPA pen-register claims in California while leaving broader website-tracking litigation nationwide intact.
10/7/2026 • Regulation, Law & Enforcement • General
California courts and legislators addressed website-tracking claims in August 2026, narrowing a CIPA pen-register theory and advancing SB 690 in California.
10/7/2026 • Regulation, Law & Enforcement • General
California Governor Gavin Newsom signed SB 690 on September 30, 2026, limiting private CIPA pen register claims over website and app tracking in California.
10/5/2026 • Regulation, Law & Enforcement • General
California Governor Gavin Newsom signed SB 690 on September 30, 2026, limiting private civil enforcement of CIPA section 638.51 for internet conduct in California.
10/5/2026 • Regulation, Law & Enforcement • General
Baker Donelson / David Oberly, Alexander F. Koskey, Matthew G. White, Madison “MJ” McMahan68
California Governor Gavin Newsom signed SB 690 on September 30, 2026, shifting enforcement of covered website and app tracking claims to the California attorney general.
10/2/2026 • Regulation, Law & Enforcement • General
California businesses faced thousands of lawsuits through 2026 alleging website tracking tools intercepted visitor communications without consent under the California Invasion of Privacy Act.
9/21/2026 • Regulation, Law & Enforcement • General
California lawmakers advanced SB 690 to restrict private online pen-register lawsuits statewide beginning January 1, 2027, while preserving wiretap claims and Attorney General enforcement.
9/20/2026 • Regulation, Law & Enforcement • General
California's Legislature passed SB 923, SB 690, and AB 2561 in August 2026, sending three privacy measures to the Governor for potential statewide effect in January 2027.
9/2/2026 • Regulation, Law & Enforcement • General
Goodwin / Ryan D. Ball, Gabe Maldoff, Mark David McPherson, W. Kyle Tayman, Omer Tene, Rebecca Tarneja, Sophie Barnett, Noelle Wilson68
The California Legislature passed Senate Bill 690 on August 28, 2026, in California, limiting private lawsuits over online tracking and assigning covered enforcement to the Attorney General.
9/1/2026 • Regulation, Law & Enforcement • General
The California Court of Appeal heard arguments on August 25, 2026, in Sean Rose's challenge involving Variety Media website trackers and CIPA liability in California.
8/31/2026 • Regulation, Law & Enforcement • General
Privacy and Data Security Insights / Jordan Jennings68
Los Angeles County Superior Court on May 27, 2026 dismissed a CIPA lawsuit alleging NetScout website tracking SDK collection as outside CIPA's telephonic scope.
6/29/2026 • Regulation, Law & Enforcement • General
California businesses were sued under CIPA for website tracking and analytics as SB 690 faced support from Stop CIPA Shakedowns and opposition from Oakland Privacy advocates.
6/18/2026 • Regulation, Law & Enforcement • General
Mondaq / Vincent Smolczynski and Kathleen F. McConnell67
California SB 690 takes effect January 1, 2027, ending private Section 638.51 website-tracking claims in California while preserving other legal claims.
10/5/2026 • Regulation, Law & Enforcement • General
In August 2026, California appellate judges and legislators reshaped website-tracking privacy litigation in California through a ruling on CIPA and passage of SB 690, while plaintiffs pursued federal alternatives.
10/5/2026 • Regulation, Law & Enforcement • General
In 2026, Northern District of California courts allowed CCPA private suits tied to third-party website tracking to proceed despite unresolved CCPA personal-information scope.
6/10/2026 • Regulation, Law & Enforcement • General
California lawmakers passed privacy and artificial intelligence measures in the final weeks of the 2026 legislative session, and Governor Gavin Newsom must sign or veto them by September 30.
9/17/2026 • Regulation, Law & Enforcement • General
Coalition reported in 2026 that privacy-rights insurance claims doubled during the first half of 2026, with California litigation centered on website tracking technologies.
7/31/2026 • Regulation, Law & Enforcement • General
California Senate Privacy Committee advanced SB 690 on July 2, aiming to narrow CIPA claims tied to website tracking amid debate over consumer privacy protections.
7/27/2026 • Regulation, Law & Enforcement • General
Attorneys Dustin Taylor and David Navetta discuss July 2026 CCPA private-right-of-action arguments extending beyond conventional breaches to alleged tracking-pixel disclosures.
7/27/2026 • Regulation, Law & Enforcement • General
Alston / Rachel Lowe, Daniel J. Felz, Jonathan J. Kim, Tracy Yao61
California legislators are considering SB 690 in 2025 to limit private CIPA pen-register claims statewide while courts examine website tracking disputes in Los Angeles and California.
7/27/2026 • Regulation, Law & Enforcement • General
U.S. and California courts continue to diverge on whether CIPA covers website tracking pixels as Mirmalek settles and appellate cases prepare first rulings.
7/14/2026 • Regulation, Law & Enforcement • General
California lawmakers passed SB 690 unanimously in August in Sacramento, sending the privacy litigation measure to Governor Gavin Newsom for consideration.
8/31/2026 • Regulation, Law & Enforcement • General
Vivek Shah and other plaintiffs use CIPA theories to sue businesses nationwide over third-party tracking scripts and form data transmission, with California SB 690 under consideration in 2026.
7/17/2026 • Regulation, Law & Enforcement • General
California Assembly Privacy and Consumer Protection Committee passed amended Senate Bill 690 on July 1, 2026, narrowing CIPA private lawsuits tied to Section 638.51 website and app conduct.
7/7/2026 • Regulation, Law & Enforcement • General
Businesses operating in California face ongoing CIPA privacy litigation risk as third-party tracking tools and embedded technologies can trigger statutory exposure.
4/24/2026 • Regulation, Law & Enforcement • General
Privacy and Data Security Insights / Zachary Heck60
California lawmakers passed SB 690 on August 28, 2026, limiting private CIPA pen register claims over website and application tracking, subject to Governor Gavin Newsom's action.
9/15/2026 • Regulation, Law & Enforcement • General
Legal500 / Akin; Natasha Kohne; Laura D. Smolowe; Evan D. Wolff; Virgil A. Miller; Rita S. Heimes; Caroline Wolverton; Chris Barwick; David Korin60
California lawmakers passed SB 690 in 2026 to limit private website-tracking lawsuits, while Governor Gavin Newsom considers the measure before September 30, 2026.
9/15/2026 • Regulation, Law & Enforcement • General
Fenwick / Molly Melcher, Tyler G. Newby, Ana Razmazma, Kimberly Culp, Brent Tuttle60
California lawmakers passed SB 690 on August 28, 2026, limiting private website-tracking claims under CIPA while awaiting Governor Gavin Newsom's decision.
9/10/2026 • Regulation, Law & Enforcement • General
The California Legislature passed SB 690 on August 28, 2026, restricting private online-tracking claims statewide while awaiting Governor Gavin Newsom's action.
9/16/2026 • Regulation, Law & Enforcement • General
Mondaq / Natasha G. Kohne, Laura D. Smolowe, Virgil A. Miller60
California lawmakers passed SB 690 in Sacramento on August 28, 2026, limiting private website-tracking pen-register lawsuits while companion bills add privacy duties.
9/15/2026 • Regulation, Law & Enforcement • General
California lawmakers passed SB 690 on August 28, 2026, narrowing private enforcement of certain website and application CIPA claims while awaiting Governor Gavin Newsom's action.
9/8/2026 • Regulation, Law & Enforcement • General
Mondaq / Stephanie A. Sheridan, Meegan Brooks, Christine Wang60
California lawmakers passed SB 690 in August 2026 to limit private CIPA tracking lawsuits, while a California appellate court considered online tools potentially covered by pen-register rules.
9/7/2026 • Regulation, Law & Enforcement • General
A Central District of California court declared Vivek Shah a vexatious litigant in CIPA website-tracking litigation, requiring court permission for new filings in the district.
7/28/2026 • Regulation, Law & Enforcement • General
California lawmakers are considering Senate Bill 690, which would restrict private enforcement of online tracking claims under the California Invasion of Privacy Act and affect lawsuits nationwide.
8/3/2026 • Regulation, Law & Enforcement • General
Sen. Anna Caballero introduced a business-backed California bill in Sacramento to restrict privacy lawsuits under a 1970s anti-wiretapping law as consumer groups warn of expanded online tracking.
6/22/2026 • Consumer Privacy & Digital Rights • General
Coalition reported in 2026 that California businesses and overseas website operators face expanding CIPA tracking claims, while Sacramento lawmakers consider partial reforms.
8/10/2026 • Regulation, Law & Enforcement • General
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