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Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law

Posted on July 3, 2025 by Dissent

David Fioccola, Baldassare Vinti, Aaron Francis, and Courtland Cuevas of Proskauer write:

Key Takeaways:

  • The Ninth Circuit court of appeals reviewed three separate proposed class actions against Papa John’s International Inc., Converse Inc., and Bloomingdale’s, all centered on whether certain website tracking activities violated the California Invasion of Privacy Act (CIPA).
  • The plaintiffs in these cases alleged that companies unlawfully used technologies like “session replay” software and chatbots to monitor website visitors’ interactions, intercepting their information and transmitting it to third parties without consent, thereby violating CIPA Section 631.
  • The court assessed how CIPA, an older wiretapping law, applies to modern website tracking like session replay and chatbots, focusing on definitions of “interception” and “contents.”

Read the full post at Proskauer on Privacy.

Category: BusinessCourtOnlineSurveillance

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