Client Alert: California Legislature Unanimously Approves SB 690, Delivering Major CIPA Reform

In the final days of the legislative session, the California Legislature approved SB 690, a significant bill that would eliminate the private right of action for pen register and trap-and-trace claims brought under California Invasion of Privacy Act (CIPA) Section 638.51.

The legislation passed unanimously in both chambers on the same day, with a 66-0 vote in the Assembly and a 40-0 vote in the Senate, reflecting broad bipartisan support for the measure.

Notably, the final version of the bill includes a two-year retroactivity provision. If enacted, private Section 638.51 claims filed within the two years preceding the law's effective date could be subject to dismissal. The bill does not affect other provisions of CIPA, including the frequently litigated Section 631(a) wiretapping provision, which remains available to private plaintiffs.

SB 690 has now been sent to Governor Newsom for consideration. The Governor has until September 30 to either sign the bill into law or veto it. If signed, the legislation is expected to take effect on January 1, 2027.

What it means: If enacted, SB 690 would represent a significant step toward curbing the growing wave of CIPA litigation targeting businesses for commonplace website analytics and tracking technologies. While the bill would eliminate private enforcement of Section 638.51, the California Attorney General would retain authority to bring enforcement actions under that provision. Accordingly, businesses should continue to work with experienced legal counsel to ensure their websites and data collection practices remain compliant with applicable privacy laws.