California Courts Create Confusion in Digital Tracking Cases: How Businesses Can Navigate Conflicting Rulings
Several recent California state court decisions have thrown companies into a state of confusion about whether they can face claims under the California Invasion of Privacy Act (CIPA) for use of tracking technologies on websites and apps. In two cases, courts dismissed the claims without leave to amend, while a third case – sitting in the same courthouse as one of the first two – allowed the claim to proceed. The two helpful court decisions concluded that CIPA’s “trap and trace” provisions don’t extend to website analytics or similar internet tracking technologies. But the other troubling ruling went the opposite way and said that website cookies might qualify as pen registers or trap and trace devices . These rulings create uncertainty for businesses operating in California and raise many questions about best practices. This Insight will dive into the three cases and provide businesses with a game plan to manage this turbulent time. What Courts Have Decided? Schallert v. Palo Alto N...