Spencer Fane attorney Alexandra Samofalova authored the article How Calif. Privacy Bill Could Change CIPA Tracking Cases, recently published by Law360. The piece was also featured in Law360’s top ten most read expert analyses in September.
In her article, originally a firm blog post, Alexandra discusses how California’s S.B. 690 could reshape a significant area of website-tracking litigation under the California Invasion of Privacy Act. She explains that the bill would largely eliminate private enforcement of certain pen register claims based on website and app tracking, a theory that has driven a substantial portion of recent litigation. At the same time, other privacy claims and compliance obligations would remain in place. Alexandra also examines what these developments could mean for businesses evaluating pending lawsuits, demand letters, settlement strategies, and ongoing website privacy practices.
“The real point is that CIPA website tracking claims should not be evaluated the same way they were six months ago. S.B. 690 could materially reduce the leverage behind a pen-register-only claim or demand, while mixed claims will require a theory-by-theory assessment. And a demand letter may carry far less punch if S.B. 690 becomes law,” Alexandra wrote.
At the firm, Alexandra’s practice encompasses data privacy, cybersecurity, artificial intelligence, real estate, corporate, and business law. She provides strategic legal counsel to corporations, nonprofits, management companies, developers, contractors, and other professionals, helping them navigate complex evolving legal and regulatory landscapes.
Read Alexandra’s full article here. Please note, a subscription may be required.