Tag Archives: preemption

New Holding That CIPA Not Preempted By Federal Wiretap Act

Adding to a growing body of decisions considering federal preemption of the California Invasion of Privacy Act (“CIPA”), Judge Chen of the Northern District of California held yesterday that there is no complete preemption, either express or implied, by the federal Wiretap Act.  As a result, Judge Chen granted plaintiff’s motion to remand one class … Continue Reading

Sen. Toomey’s Federal Breach Notification Bill Would Preempt More Restrictive State Laws

Sen. Pat Toomey (R-PA) recently introduced a bill in the United States Senate that would establish a federal breach notification requirement for certain companies and preempt state breach notification laws that are currently in effect for 46 states.  The Data Security and Breach Notification Act of 2012, S.3333, would require companies that “collect and maintain … Continue Reading