Pre-advent of the smartphone and modern Internet, California enacted as part of its Penal Code the California Invasion of Privacy Act (CIPA). The statute was intended to address bad actors intercepting confidential communications and other information through telephones. To that end, the state’s Legislature provided a private right of action. Today, often under the moniker of “testers,” plaintiffs file lawsuits and initiate arbitrations claiming that embedded code on websites violates CIPA based on a number of theories. As case law develops and disposes of various CIPA-violation theories, plaintiffs change tactics and invent new theories. It is an ever repeating cycle.
Brett Taylor, Matthew Lewitz, Alexander Robinson, and Robert Rubenstein will provide background about what CIPA was intended to prevent and the commonly asserted CIPA claims. They will also identify the common defenses and issues to consider when a website provider attempts to comply with California law.
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CLE is approved in the following states: PA, NY, TX, IL, NV, and CA.
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