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CIPA Amendment Offers Businesses Narrow Relief as Plaintiffs Shift Focus, Continuing Education of the Bar

October 09, 2026

Partner Megan Suehiro spoke with Continuing Education of the Bar about recent amendments to the California Invasion of Privacy Act (CIPA) and their implications for businesses facing privacy litigation involving website tracking technologies.

Megan noted that while the amendments eliminate the private right of action for certain pen register and trap-and-trace claims, plaintiffs are already shifting their focus to other CIPA provisions that remain unchanged.

“We’ve already seen plaintiffs pivot to claims, for example, under Section 631,” she said. “They’ve anticipated for a while there would be some amendment to the trap-and-trace provision.” With litigation risks persisting, businesses should continue evaluating their website tracking practices, privacy disclosures, and consent mechanisms.

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