Early this month, a Northern District of California judge dismissed, with prejudice, a putative class action complaint asserting five privacy-related causes of action, concluding the “issue of consent defeat[ed] all of Plaintiffs’ claims.” Lakes v. Ubisoft, Inc., –F. Supp. 3d–, 2025 WL 1036639 (N.D. Cal. Apr. 2, 2025). Specifically, the Court dismissed plaintiffs’ claims under the (1) Video Privacy Protection Act (“VPPA”); (2) Federal Wiretap Act; (3) California Invasion of Privacy Act (“CIPA”) § 631; (4) common law invasion of privacy; and (5) Article I, Section 1 of the California Constitution. Continue Reading California Court Holds Plaintiffs’ Consent Defeats Claims Involving Use of Website Pixel
New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint
Last month, a New Jersey federal judge applied Third Circuit precedent to hold that the California Invasion of Privacy Act (“CIPA”) does not impose liability for commonplace use of website marketing/analytics pixels under the well-established party exception. Cole v. Quest Diagnostics, Inc., 2025 WL 88703 (D.N.J. Jan. 14, 2025).Continue Reading New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint
California’s Office of the Attorney General Posts 13 New CCPA Investigations
On August 24, 2022, the California Office of Attorney General (OAG) published a summary of 13 CCPA investigations, “illustrative” of situations in which notices of alleged noncompliance were sent and remedial measures were implemented. Note that the CCPA’s mandatory notice-and-cure period will expire on January 1, 2023. Following that, the California Privacy Protection Agency will have the discretion to grant cure periods.Continue Reading California’s Office of the Attorney General Posts 13 New CCPA Investigations