CIPA and Website Data Practices: Miller and Sperling Co-author Bloomberg Insight on Rising Litigation Trends

Glaser Weil litigation partners Sarah G. Miller and Elizabeth Sperling have published a timely new article for Bloomberg Law breaking down the rising wave of lawsuits under the California Invasion of Privacy Act (CIPA)—and what businesses need to know to protect themselves.

Originally enacted in 1967 to combat telephone wiretapping, CIPA is now being used in unexpected ways. Plaintiffs across the country are weaponizing the statute against companies simply for using common website tracking tools that support user experience, analytics and advertising. As a result, businesses with even basic websites may be vulnerable to demand letters or lawsuits they never anticipated.

Miller and Sperling walk through the rapidly evolving landscape of CIPA litigation, including:

• How plaintiffs are stretching CIPA to treat routine website activity as illegal wiretapping, pen register or trap-and-trace surveillance
• Why CIPA claims are on the rise, particularly among serial “tester” plaintiffs
• The inconsistent court rulings that make these cases unpredictable—and often expensive to fight
• The ongoing debate over personal jurisdiction, especially for out-of-state companies
• Why early settlements are common, even when claims lack merit

Read the article to learn the concrete steps the authors recommend to help companies minimize risk.